SC stays the demolition of Jain temple in Kurla, Mumbai

New Delhi, Oct 15 (UNI) Staying the demolition of a Jain Temple in Kurla Mumbai for three months, the Supreme Court has ruled that the mere departure from the authorised plan or putting up of a construction without sanction did not ipso facto necessarily and inevitably justify demolition of the structure.

The apex court bench comprising Justices A R Lakshmanan and Tarun Chatterjee in judgment dated Oct 11 allowed the appeals of the appellant Muni Suvrat- Swami Jain S M P Sangh and observed, "We make it clear that we are not expressing any opinion on merits of the rival claims. The authorities are entitled to examine and grant such relief as the appellants may be entitled to under the law. The Respondent commissioner is directed to decide the matter absolutely on merits after affording opportunity to the first respondent herein within 3 months from the date of this judgment.

During this period, however, no demolition shall be made." The Bombay high court in its impugned judgment dated Feb 23,2006 directed the Mumbai Municipal Corporation (MMC) to demolish the entire illegal and unauthorised construction carried out by the respondent no. 3 to 17 on entire CTS no 206, 206(1 to 9), Kurla, Part-IV, New Mill Road.

A proposal for approval of proposed temple complex was submitted before BMC and the construction of the temple was completed and the installation of idol ceremony (Prathishta)took place.

One developer Ismail Yakob Payak took the plot adjacent to the trust property and started construction. The builder constructed a building having six floors called 'Saiba Palace.' Developer tried to block the passage and entrance of the residents of the adjacent plot. Appellant filed a suit for injunction and in order to pressurise the appellant to withdraw the suit for injunction the developer set up the respondent Arun Nathuram Gaikwad who filed a writ petition in the High Court.Gaikwad and Developer were school days friends and both were active workers of NCP headed by Union Agriculture Minister Sharad Pawar. Gaikwad participated in installation ceremony and had no objection to the construction of the temple till the suit was filed.

The apex court also made it clear that appellant would not put up any further construction or alter the construction already made.

UNI AKS/SC RP HS1158