SC stays Siddhi Vinayak temple wall demolition

NEW DELHI: The Supreme Court on Monday restrained for three months the Mumbai civic authorities from demolishing the protective bulletproof wall of the Siddhi Vinayak Temple, which was allegedly erected on a public road.
The direction was passed on an appeal filed by the Maharashtra Government challenging the Bombay High Court, that ordered demolition of the disputed wall.
An apex court bench headed by Justice K G Balakrishnan, however, felt prima facie the authorities were not right in constructing such a wall that reportedly caused traffic jams and inconveniences to the local public.
"The municipal corporation is there to maintain roads, but not to make constructions on public roads. You have made it a private area. How can you do it?" the bench asked the Maharashtra counsel.
The Mumbai police counsel pleaded that three months be given for the department to obtain formal permission from the BMC to close the street in public interest.    
The bench told the Bombay High Court to dispose of the matter within four months.
Earlier, senior counsel Indira Jainsingh, appearing for the local residents welfare association, argued against granting any relief to the Mahrashtra Government as the construction was "illegal" and caused tremendous hardship to local residents and hundreds of Mumbaites who commute through the route.
The Maharashtra Government through the City Police Commissioner had pleaded that construction of the wall on the public road near the temple was inevitable in view of the serious threats faced by the shrine and devotees.
In its appeal, the Mumbai police stated that intelligence reports had indicated a strong threat perception to the temple and thousands of devotees from terrorist elements indulging in anti-national and subversive activities.
It was contended that the wall was constructed in public interest to protect the historical temple and devotees from terrorist attacks.
The Bombay High Court on a public interest litigation had on October 10 ordered demolition of the wall as the authorities failed to obtain proper permission and close down the street before embarking on the construction.

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