A vacation bench of Justice Sanjay Kumar and Justice Augustine George Masih refused to interfere with the Delhi High Court order.
“Where is the proof of Pracheen Temple to begin with? Ancient temples were built with rocks and not with cement and painted,” the bench said.
The high court on May 29 said Lord Shiva does not need anyone’s protection as it refused to make the deity a party to a petition relating to the removal of a temple constructed in an unauthorised way on the Yamuna riverbed.
Lord Shiva would be happier if the Yamuna riverbed and floodplains were cleared of all encroachments and unauthorised construction, the high court had said while refusing to set aside an order for demolition of the Pracheen Shiv Mandir situated at Geeta Colony close to the floodplains.
The petitioner, Pracheen Shiv Mandir Avam Akhada Samiti, had claimed that the temple acts as a hub of spiritual activities, drawing around 300 to 400 devotees regularly. In the plea, it was claimed the society was registered in 2018 to uphold transparency, accountability and responsible management of the temple’s assets.
The high court had said the land in dispute is meant for larger public interest and the petitioner society cannot claim any vested rights to continue to occupy and use it. The court had said the land falls under the Zonal Development Plan for Zone-‘O’ as approved by the Ministry of Urban Development.
The high court had said the petitioner society has miserably failed to show any documents with regard to its title, right or interest over the land and there is no proof of the temple having any historical significance.
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