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The Delhi High Court has stayed the operation of a notice issued by the NBCC for the evacuation and demolition of the 50-year-old Shiva Shakti Temple in the Netaji Nagar area.
The notice was issued by NBCC on October 1 and challenged on the ground that no show-cause notice was issued to the petitioner before the demolition order was passed. The notice of demolition was challenged on the ground that no show-cause notice was issued to the petitioner before passing the order of demolition for October 15. Justice Amit Mahajan, on October 13, issued notice on a petition filed by Sandeep Kumar Bhatia challenging the demolition notice. The counsel for the respondent authorities accepted the notice and sought time to take instructions. The matter has been listed for hearing on November 23. Meanwhile, the bench stayed the operation of the notice till the next date of hearing. Advocate Amit Kumar, along with Khushboo Sharma and Kartik, appeared for the petitioner. It was submitted that the temple has existed for the last 50 years and that a demolition notice was issued on October 1. However, no show-cause notice was issued, and the petitioner was not given an opportunity to respond. The plea also contended that the notice did not disclose the decision or approval of the competent Religious Committee, if such approval was required under the applicable law or policy. It further stated that the notice did not bear the signature and stamp of the competent authority. The petitioner is the priest of the temple, which is claimed to be more than 50 years old and has been a place of regular worship, including aarti, puja and kirtan. The petition stated that the petitioners grandfather, Mahant Moti Ram, was the temples priest, followed by the petitioners father, late Kuldip Chander. After his fathers demise, the petitioner has been taking care of the temple. The temple contains idols of Goddess Durga, Lord Shiva, Lord Hanuman and other deities, along with the Samadhi Sthal of Mahant Moti Ram Ji. It was argued that the proposed demolition during Navratri would affect the religious observances of devotees and cause serious and irreversible harm to the temple, its idols and the Samadhi Sthal. The petitioner does not seek to obstruct any lawful action but seeks a fair opportunity to submit his documents and objections before the competent authority takes any decision, the plea stated. (ANI)
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