The Delhi High Court in the case Durga P. Mishra v. Govt of NCT Delhi and anr in the case observed and has considered that it has been directed by the religious committee for the removal of Kali Mata Mandir at Mayapuri Chowk because it being unauthorised and obstructs the free flow of traffic. Therefore, the court in the case refused to interfere with the demolition of the religious structure which is to be carried out by the PWD in the case.
The bench headed by Justice Pratibha M Singh in the case observed and has stated that as per the sketch and the photographs which have been produced, it being clear to this court that the temple is on Government land. Thus, in fact the footpath for pedestrians as also the road has been encroached by the temple which is not permissible and because of the location of the temple i.e., it being the corner of two roads, one main road and one arterial road, the smooth flow of the traffic which is being bound to be impeded.
In the present case, the plea was moved by one Durga P. Mishra, priest of the temple, for quashing of the minutes of the meeting of the Religious Committee wherein it is held that in the month of March and the PWD in the month of April issued the notice for demolition of the temple. The petitioner in the plea argued that the temple does not affect the flow of the traffic in the area, while admitting that the temple being on the public land.
It has also been noted by the bench in the case that it has been concluded by the committee that the structure of the temple is unauthorised and thus it is also obstructing the free flow of traffic. Thus, it has been directed by the committee that the removal of the unauthorized religious structure.
The court in the case stated that the said court is not inclined to interfere with the demolition of the temple structure. Adding to it, the court stated that the petitioner in the case permitted to remove the idols and other religious objects in the temple within a period of one week for the same to be placed in other temples as it has been directed by the Religious Committee.
Adding to it, the court stated that the local police shall render full assistance in the process in order to maintain the law and order.
The High Court in the case observed and has stayed the demolition of an old two storey Hanuman temple which is situated at the Loni road. Thus, the court in the case issued the notice to the SHO and has directed the SHO of Gokulpuri police station for filing a status report which includes the status regarding the traffic problems which stated to be arising due to the temple.
The counsel, Rubal Bansal Maini, Parag Maini,Abhimanyu Chopra, Vikas Maini and Ankit Bana appeared for the petitioner.
The counsels, Anupam Srivastava, ASC for GNCTD with Ujjwal Malhotra along with Prabhat Srivastava- Assistant Engineer appeared for the respondents.
