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Delhi High Court Dismisses Plea Moved By Hanuman Seva Samiti Seeking Stay Of Demolition Of Hanuman Temple At Chandni Chowk

Karan Tripathi
21 Nov 2020 7:48 AM GMT
Delhi High Court Dismisses Plea Moved By Hanuman Seva Samiti Seeking Stay Of Demolition Of Hanuman Temple At Chandni Chowk

The Division Bench of Justice Hima Kohli and Subramonium Prasad on Friday dismissed an application filed by Shri. Hanuman Seva Samiti seeking intervention and stay of demolition of the Hanuman Temple at Chandni Chowk.

Adv. Rushab Aggarwal, had expressed an urgency due to which the application though not listed had been taken up by the court. This application had been moved by Shri. Manokamna Siddh Shri. Hanuman Seva Samiti, a registered Society, praying inter alia for intervention in the writ petition. The application was filed by the Samiti to protect the temple from demolition being undertaken by Nr.D.M.C. vide demolition order served on 31st October, 2020. The demolition was to be carried out on 1st November, 2020 but has not yet been carried out. It was argued by the applicant that, the temple in its existing form did not cause any hinderance to the commuting vehicle. Recommendation of the Religious Committee to amalgamate the existing temple in the redevelopment plan was approved by GNCTD and Lt. Governor of Delhi. It was their contention that this report should not have been overruled in a summary manner.

It was also argued that, this court by its order dated 14th November, 2019 had directed removal of the Hanuman Temple without giving any opportunity of being heard to the affected party that is the devotees. Order of demolition can't be solely based on branding of the temple as encroachment by one party. Religious tolerance and equal treatment of all religious groups and protection of their life and property and place of worship are essential part of secularism enshrined in the Constitution. On these grounds the applicant prayed to be allowed to impleaded in the Writ Petition as intervenor.

It may be noted that, the Supreme Court vide its order dated 13th July 2020 had disposed the SLP filed by the Govt. of NCT challenging the order of the High Court dated 14th November, 2019, in view of the statement made on behalf of Government of NCT that it would move a suitable application before the High Court for further directions, as may be warranted.

The Court dismissed the application for intervention on the ground that when GNCTD had been granted the liberty to approach the court as per the Order of the Supreme Court and had so far not approached the court for any relief, there was no reason to entertain this application which was nothing but an attempt to reagitate the same issue that has been considered and rejected by an earlier order dated 14th November, 2019.

The bench had allowed an application moved by GNCTD praying for permission to change the presently functioning Nodal Officer, Sh. Ravi Kant, SE Project, PWD on the ground that he has been appointed to the post of Chief Engineer (Civil), DDA

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