Allahabad HC Seeks UP Govt's Reply On PIL Against Proposed Demolition For Banke Bihari Temple Corridor Project

The plea, filed by Pankaj Saraswat in 2023, urges the authorities not to alter the traditional character ('swaroop') of Vrindavan in the course of constructing the proposed Banke Bihari corridor project.

A bench of Justice Siddhartha Varma and Justice Madan Pal Singh sought the response of the State Government, observing that a Miscellaneous Application filed before the Supreme Court - seeking a recall of its May 15 judgment permitting the UP Govt to use temple funds for the corridor redevelopment - raises issues similar to those in the present PIL.

Acknowledging that the matter is currently under consideration by the Supreme Court, the High Court deemed it appropriate to adjourn the proceedings in the PIL plea. Nevertheless, it directed the State to file a response and scheduled the next hearing for July 3.

For context, the Allahabad High Court in November 2023 gave a nod to the development of the Corridor, a plan proposed by the Uttar Pradesh Government. The Court, however, restrained the UP Government from using Rs. 262. 50 Crores from the bank account of the Deity for the construction of the corridor.

However, on May 15, the Supreme Court modified the High Court's order. It permitted the Uttar Pradesh Government to use funds for acquiring 5 acres of land around the temple for corridor development, on the condition that the acquired land shall be registered in the name of the deity.

Later, a temple devotee named Devendra Nath Goswami and one Rasik Raj Goswami filed the MAs before the Top Court, seeking a recall of the judgment, contending that they were not heard.

In their MAs, the applicants have sought a stay on all redevelopment-related activities (acquisition, demolition, construction) until the matter is fully decided, and they also pray for the formation of a heritage and stakeholder consultation committee to ensure any redevelopment is inclusive and transparent.

The MAs argue that the redevelopment plan is insensitive to the historical, cultural, and spiritual sanctity of the temple premises and adjoining streets.

It has been contended that the streets around Shri Banke Bihari Ji Temple are not mere public thoroughfares but are revered as sacred by devotees and that these streets from an integral part of the temple's spiritual ecosystem, where devotees believe that Lord Krishna himself performs Ras Leela.

“The demolition or alteration of these sacred paths would amount to desecration of the holy site. The proposed plan, if implemented, would result in irreversible damage to the centuries-old heritage and unique religious character of the temple and its surroundings, thereby violating the fundamental right of devotees under Article 25 of the Constitution to freely practice and profess their religion,” the MA submits.

Regarding the proposed demolition of Kunj-Galis, the MA submits that their proposed demolition would permanently erase a 'living tradition' central to the Vaishnava bhakti movement.

Noting that the PIL plea also raises similar issues concerning the Kunj-Galis and arguments against the proposed demolition in and around the temple, the High Court called for a response from the UP Government.

Appearances

Counsel for Petitioner : Priyanka Mishra, Utkarsh Birla

Counsel for Respondent : Dharmendra Singh Chauhan