The Supreme Court on Thursday paved way for a Uttar Pradesh government scheme to develop the Shri Banke Bihari Temple corridor in Mathura for the benefit of scores of devotees.
A bench of Justices Bela M Trivedi and Satish Chandra Sharma allowed the Uttar Pradesh government's plea to utilise the funds of Shri Banke Bihari Temple only for the purchase of 5-acre land around the temple to create a holding area.
"We permit the state of Uttar Pradesh to implement the scheme in its entirety. The Banke Bihari Ji Trust is having fixed deposits in the name of the deity/temple...the state government is permitted to utilise the amount lying in the fixed deposit to acquire the land proposed," it said.
The top court, however, said the land to be acquired for the purposes of development of the temple and corridor should be in the name of the deity/trust.
In the process, it modified the November 8, 2023 order of the Allahabad High Court on a PIL filed by the Uttar Pradesh government which accepted the state's ambitious scheme but refused to permit the state to utilise the temple funds.
The bench observed as the court was in seisin of the cause qua the administration and safety of temples in the Braj region, it was in public interest to decide the issue raised by Uttar Pradesh government expeditiously.
Under the proposed scheme placed on record by the state for development for the temple, the court said, 5 acre land around the temple had to be acquired and developed by constructing parking lots, accommodation for the devotees, toilets, security check posts and other amenities.
The high court observed in its order on November 8, 2023, the acquisition of land around the temple and the consequent development project was crucial to ensure the safety of the pilgrims.
The bench observed the state government would incur costs of over Rs 500 crore to develop the corridor and had proposed to utilise the temple funds for purchasing the land in question which was denied by the high court.
The Uttar Pradesh government pointed out the dire situation of the Banke Bihari Temple in Mathura and the lack of proper administration and amenities.
The temple, spread over a limited area of only 1,200 square feet, has a daily footfall of 50,000 devotees, which was between 1.5 and 2 lakh on the weekends and upwards of 5 lakh during festivals, it said.
The government said the Uttar Pradesh Braj Planning and Development Board Act, 2015 was enacted for the development, preservation and maintaining the Braj Heritage in Mathura district.
Under the Act, it said, a parishad with necessary expertise to administer the temples in the region was constituted, and accordingly its services could be utilised for appointing administrator for these temples.
The bench, on the other hand, said a civil suit had been pending for over 25 years with only the court receiver running the show indicating "maladministration" running "deep and wide".
Prominent temples--Radha Vallabh Mandir, Vrindavan; Dauji Maharaj Mandir, Baldeo; Nandkila Nand Bhawan Mandir, Gokul; Mukharbind, Goverdhan; Danghati, Goverdhan; Anant Shri Bhibhushit, Vrindavan and Mandir Shree Ladli Ji Maharaj, Barsana-- in the region were all under the grip of receivers and most of them were managed by practising advocates of Mathura, it added.
The bench noted that some other temples in the area, including the Shri Banke Bihari Temple was being administered by a civil judge.
"It is an established fact that the historical temples are old structures and require proper upkeep and other logistic support, and added to the fact is that in a large number of temples, receivers have been appointed for decades now which was originally intended to be a stop-gap temporary measure," it noted.
The bench found it "unfortunate" that courts when appointing receivers, did not consider that Mathura and Vrindavan, were the two most sacred places for Vaishnav Sampradayas and, therefore, "persons from Vaishnav Sampradayas should be appointed as receivers".
