The Supreme Court of India on Thursday declined to entertain a petition filed by the management committees of 3 temples—Purbo Delhi Kali Bari Samiti, Sri Amarnath Mandir Sanstha, and Sri Badri Nath Mandir—situated in Mayur Vihar Phase 2, challenging the demolition notice issued by the Delhi Development Authority (DDA) on March 19.
A bench comprising Justices Vikram Nath, Sanjay Karol, and Sanjay Mehta initially agreed to consider the petition but subsequently dismissed it, advising the petitioners to seek relief before the Delhi High Court.
The decision effectively reaffirms the principle of judicial hierarchy, directing the petitioners to exhaust available legal remedies before escalating the matter to the apex court.
Legal Arguments
The petition, filed through advocate Vishnu Shankar Jain, contended that a public notice regarding the demolition was affixed to the temple premises at 9 PM on Wednesday, with authorities informing that demolition was scheduled for 4 AM on March 20, 2025.
The plea underscored the lack of procedural fairness, arguing that neither the DDA nor any religious committee afforded the temples an opportunity for a hearing before issuing the notice.
Further, the petition emphasized the historical and cultural significance of the temples, stating that they had been in existence for 35 years. It also pointed out that the DDA had previously granted permission to the Kali Bari Samiti temple to conduct Durga Puja on the ground adjacent to the temple, thereby implicitly recognizing its presence and function within the community.
Constitutional & Jurisprudential Concerns
The petitioners alleged that the DDA’s unilateral decision to proceed with the demolition contravened judicial precedents and violated fundamental rights enshrined under Articles 14 (Right to Equality) and 25 (Freedom of Religion) of the Indian Constitution.
They argued that the DDA’s actions were arbitrary and lacked due process, constituting a direct infringement on religious freedoms and property rights.
“The DDA has, on its own whims and fancies, decided to demolish the temple in complete violation of the judgment passed by this Court as well as in violation of the provisions contained in Articles 14 and 25 of the Constitution of India. No opportunity of hearing was afforded to the petitioners by any authority of DDA or any religious committee,” the plea asserted.
Next Legal Recourse
In seeking judicial intervention, the petitioners requested the quashing of the DDA’s demolition notice, emphasizing the need for due process and protection of religious structures.
However, with the Supreme Court declining jurisdiction at this stage, the temple committees are now expected to approach the Delhi High Court, where the matter will likely be argued on its substantive merits, particularly in relation to administrative fairness and constitutional protections for places of worship.
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