Delhi High Court rejects petition against demolition of temple

The temple has been in the eye of the storm for long. It was declared “illegal” and the order for its removal was passed in 2015.
Delhi High Court (File Photo | PTI)
Delhi High Court (File Photo | PTI)

NEW DELHI: The Delhi High Court on Friday declined to entertain a plea against demolition order of a Hanuman temple on the Chandni Chowk main road, which is being pedestrianised and redeveloped by the Shahjahanabad Redevelopment Corporation (SRDC).

“Aggrieved” by the order of the North Delhi Municipal Corporation (North MCD) dated October 31, which proposed the demolition, the application was moved by advocate Rushab Aggarwal on behalf of Manokamna Siddh Shri Hanuman Seva Samiti, an association entrusted with the upkeep of the temple. The temple has not been demolished yet.

“The prayer made in the application for intervention is declined. The application is dismissed,” a bench of justices Hima Kohli and Subramonium Prasad noted in the order. The temple has been in the eye of the storm for long. It was declared “illegal” and the order for its removal was passed in 2015.

However, the Religious Committee headed by Delhi Lieutenant Governor recommended that the temple ought to continue at the site, but the high court had rejected the committee’s report too. In November 2019, the court had directed the Delhi government to ensure removal of the religious structure located on the right of way, proving an impediment in the court-monitored beautification project of the historic market.

The court asked additional chief secretary (home) Satya Gopal to ensure removal of the illegal structure within a “definite frame”. The government filed an appeal before the top court against the order.
The apex court noted the primary responsibility to clear the illegal occupants is on the municipal corporation and the government should assist it in the exercise. The matter was disposed of when the government submitted that it would move a suitable application before the high court for further directions.      

“Once such a liberty was granted to the government of national capital territory of Delhi (GNCTD), and so far, GNCTD has not approached this court for any relief, we see no reason to entertain that application for intervention which is nothing but an attempt to reagitate the same issue that has been considered and rejected by an earlier order dated November 14, 2019,” said the HC bench.

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