Keep encroachers away, says Allahabad High Court, gives nod to Banke Bihari Corridor
LUCKNOW: In a major decision, the Allahabad High Court, on Monday, gave its nod to the development of Vrindavan (Mathura) Banke Bihari Temple Corridor, a plan proposed by the Uttar Pradesh government.
The court also directed the state government to rid the entire area around the temple of the encroachment to facilitate the movement of devotees.
However, the court restrained the UP government from using Rs 262.50 crore from the bank account of the deity for the construction of the temple corridor.
The division bench of the High Court headed by Chief Justice Pritinker Diwaker and comprising Justice Ashutosh Srivastava, said that the amount of Rs 262.50 crore lying in the bank should remain untouched and the state government was free to utilize its own money for the "secular activity of facilitating public
interest."
The bench issued the directives while hearing a PIL filed regarding the crowd management and the safety and security of the devotees visiting the famous temple in Vrindavan.
While hearing the argument of interference by Goswamis, who are the sevayats (management) at Banke Bihari temple, the court said that there had been various untoward incidents in the temple and that the darshan of the deity also happened as per the whims and fancies of the sevayats.
The court also mentioned the two sects of sevayats which used to create difficulties for devotees while offering puja.
Referring to Articles 25 and 26 of the Constitution of India, the court said that in lieu of the principles of public health and morality enshrined in the statute, the state government had to act in accordance to the law to provide better facilities to the devotees in and around the temple premises.
Accordingly, the state was directed to implement the scheme placed before the court.
The bench said: "Human life cannot be put at stake just because somebody has objection. In our opinion, even the private temples where devotees come for darshan, safety and security of human life is required to be treated of utmost importance and the government is bound to make necessary arrangements."
The court also directed the state government to take assistance of technical experts where needed. The state was also given the liberty to take action against persons indulging in encroachments in and around the temple making the approach difficult for the devotees.
Significantly, the proposal for the development of the corridor for the temple needed the purchase of five-acre land around the temple for facilitating smooth darshan and puja by the devotees, parking facilities, and other public amenities.
The court noted that the proposal of the corridor made it clear that there would be no interference of any kind in puja-archana and ‘Shringar’ carried out by the Goswamis. It also observed that the rights of Goswamis would not be affected.
Notably, the High Court has been dealing with a bunch of PILs filed by devotees of Lord Krishna seeking directions for the management of public order in and around the temple.
In one of the petitions, it was submitted that Swami Hari Das Ji, who had established the temple, did not create any trust or endowment in favour of anyone.
On the contrary, Goswami Onkar Nath and Goswami Phundi Lal proclaimed themselves to be the legal heirs and were entitled to do the Pramukh Seva of Thakur Shree Banke Bihari Ji.
The petitioner had also contended that the judgment given in 1939 in a suit filed by Goswami Onkar Nath did not hold good in the present times. Other than the fact that the judgment recorded the fact that there was no trust or endowment in favour of anyone.
Further, various disputes between Goswami and their heirs (a clan of over 400 members) and various criminal cases against the Goswami were also brought on record.
The petitioner had specifically pleaded before the Court that due to the lack of management inside the temple, it becomes difficult for the devotees to offer prayers and have proper darshan of the deity. The petitioner had also brought forward specific instances where devotees had died due to the unmanaged crowd. It was contended that the inaction by the State and its authorities was violative of Article 25 of the Constitution of India.
Accordingly, the court was urged to issue directions to the State for framing the proper scheme of maintenance of the temple and for facilitating proper darshan of Thakur Ji to protect the rights of the citizens under the Constitution of India.
Meanwhile, an intervention application was filed by about 250 shopkeepers and residents of the area in and around the temple against the proposed expansion plan by the State.
They argued that as per popular belief, the ‘Kunj Galis’ (narrow streets) were sacred ‘galis’ where Lord Krishna and Radha Rani still carry on their ‘leelas’.
According to the intervenors, there are two ASI-protected temples in the vicinity of the main temple. Thus, it was pleaded that no expansion construction could be done within 400 metre of such temples.
Significantly, after the High Court’s nod to the proposed Banke Bihari Corridor, Prime Minister Narendra Modi is expected to make a formal announcement of the corridor and the special budget for this project of the UP government during his visit to Mathura Vrindavan on Thursday.
As per highly-placed sources, an amount of Rs 300 crore is estimated for land acquisition, Rs 505 crore for corridor construction, and another Rs 100 crore for the restoration of the Banke Bihari temple.
Significantly, the objection of Goswamis is based on the fact that of the total 120-150 streets of Vrindavan, 22 are present in and around the main Banke Bihari temple and are just 3-10 ft in width, thus making the approach to the temple difficult given the number of devotees which often goes to five lakh, especially during the weekends and special occasions.
The inner courtyard of the Banke Bihari temple, which was established in 1864, is just 48 ft X 48 ft and is capable of hosting just 1000 people at a time.
However, in the proposed corridor plan submitted by the state authorities, five acres of land have to be acquired around the temple. The proposed acquisition would shroud the presence of around 300 temples and residential and commercial constructions in the vicinity. Of these, 149 are residential buildings, 66 are commercial, and the rest are mixed.
As per the sources, over 200 such constructions have already been surveyed, identified, and marked to be removed to pave the way for the corridor.
As per the plan, the proposed corridor would have three paths leading to the temple.
The one approaching the temple from the side of river Yamuna would be in 2100 square metre area. Here the corridor would be developed into two parts -- a lower portion spread over 11,300 sq mt area bearing the puja shops and an upper portion spread over 10,600 sq mt area. It would be 3.5 metre above the lower portion and would be connected through a ramp.
A 37,000 sq mt Banke Bihari Bridge Parking area has also been proposed in the plan.
Moreover, besides a suspension over the river Yamuna, smaller bridges are also proposed in front of the main temple and Devraha Baba Ghat.