No precipitative action allowed against Sanatan Dharam Mandir at ITO: Delhi HC

On December 2, while hearing the case, justice Prathiba M Singh directed that a meeting be conducted by all the stakeholders to arrive at a consensus as to how the encroachment, if any, could be removed without disturbing the idol in the temple premises, while also ensuring that there is proper right of way for the pedestrians

The Delhi high court has directed that no precipitative action shall be taken against the Sanatan Dharam Mandir at ITO, identified as an encroachment on the right of way by the state government’s Public Works Department (PWD), till December 22.

The Delhi high court has directed that no precipitative action shall be taken against the Sanatan Dharam Mandir at ITO. (HT Archive)

The caretakers and bearers of Sanatan Dharam Mandir, also known as Prachin Shiv Mandir, situated at Jheel ka Piao opposite Link House, Mathura Road, ITO had moved court challenging PWD’s letter dated October 30 which said the mandir property was obstructing the way.

On December 2, while hearing the case, justice Prathiba M Singh directed that a meeting be conducted by all the stakeholders to arrive at a consensus as to how the encroachment, if any, could be removed without disturbing the idol in the temple premises, while also ensuring that there is proper right of way for the pedestrians.

The court asked the executive engineer, PWD, land and development officer (L&DO), Delhi Metro Rail Corporation (DMRC) and representatives of the petitioners to conduct the meeting on December 7 and asked the report to be submitted by the next date of hearing, December 22.

“As part of this meeting, all the stakeholders shall also consider as to whether the temple can itself be relocated/moved,” the court said in its order.

During the hearing, advocate Gautam Narayan for the PWD, told the court that the action against the temple is being taken pursuant to the order dated November 1, 2022, passed by the L&DO, wherein the latter asked the PWD to look into the encroachment on the pavement where the temple was situated.

Taking note of this, the court directed that L&DO be also impleaded as a party to the proceedings.

In their plea through advocate Hemant Choudhary, the petitioners contended that the temple was around 100 years old and its possession was given to the Sanatan Dharam Sabha in November 1939.

The petition also said that during the construction of the Central Secretariat Kashmiri Gate MRTS corridor in 2012, the temple had been refurbished because it was obstructing the Metro station box.

“Therefore, the authorities of the DMRC requested the temple representatives and signed a Memorandum of Understanding on June 6, 2012 for demolition of the old temple and construction/ re-construction of a new temple on the temple premises / space on the terms and conditions of the MoU. The DMRC completed the work of re-construction of temple as per MOU and handed over the temple to its representative and since then no structural change has been made,” the plea said.