A view of Delhi High Court.
| Photo Credit: Sushil Kumar Verma
The Delhi High Court has cleared the path for the demolition of a 55-year-old “Kali Mata Mandir” at Mayapuri Chowk here noting that the footpath for pedestrians as also the road has been encroached by the temple which is “not permissible”.
Justice Prathiba M. Singh, however, permitted the priest and the caretaker of the temple to remove the idols and other religious objects in the temple within one week.
“After May 20, 2023, the PWD (Public Works Department) is free to carry out the demolition and remove the unauthorised construction. No impediment shall be caused by the Petitioner or anyone on behalf of the Petitioner in the same,” the High Court ordered.
The High Court further asked the local police to render full assistance in the process in order to maintain law and order.
The Court’s order came while rejecting the plea of Durga P. Mishra, who claims to be the priest and the caretaker of the temple, challenging a notice issued by PWD on April 25 by for demolishing the temple at Mayapuri Chowk.
Ms. Mishra has also challenged the decision of the Religious Committee of March 10, 2022, where the decision to demolish the temple was made. She contended that the temple does not affect the flow of the traffic in the area and it is because of the vehicles which are parked behind the temple in the shopping area, that the flow of the traffic is affected.
On a query from the Court, she admitted that the temple, existing on the main road near Junk Market towards Mayapuri Chowk to Lajwanti Chowk, is on public land. Additionally, the sketch and the photographs of the area made it clear that the temple was on government land, the judge noted.
“In fact, the footpath for pedestrians as also the road has been encroached by the temple which is not permissible. Further, because of the location of the temple i.e. in the corner of two roads, one main road and one arterial road, the smooth flow of the traffic is bound to be impeded,” the high court said.
The Religious Committee had recommended that the unauthorized religious structure was an obstruction to free flow of traffic on the road and therefore should be removed.
“In view of the fact that a decision has been taken by the Religious Committee after considering all the relevant factors and PWD is giving effect to the same, this Court is not inclined to interfere with the demolition of the temple structure in the present petition,” the High Court said on May 11.
