DHIRENDRA MANHARBHAI Vs. STATE
LAWS(RAJ)-2007-2-31
HIGH COURT OF RAJASTHAN
Decided on February 13,2007

DHIRENDRA MANHARBHAI Appellant
VERSUS
STATE Respondents

JUDGEMENT

MATHUR, J. - (1.) "nathdwara" a small town but historically significant temple town in Rajasthan enjoys devotional prominence amongst the followers of Lord Krishna the world over and houses the unique 12th Century Idol of Shreenathji.
(2.) THE petitioners - devotees of the temple by way of instant Public Interest Litigation have voiced grievance against the present management in the matter of arrangement of 'darshan' and distribution of 'prasad'. THE petitioners have also sought direction commanding the respondent No. 2 - Goswami Shri Rakeshji Maharaj to ensure the public and statutory duty. This Court by order dated 22. 11. 2004 directed the respondent - Temple Board to prepare a detailed plan of the temple and town development and also the time bound action plan to redress the grievance of the devotees. It was brought to the notice of this Court that the entire temple is being managed from Bombay as the respondent No. 2 resides and holds all the meetings at Bombay itself. Thus, a direction was given to hold at least one meeting of the Board at Nathdwara within a period of three months. A further direction was given to the respondent No. 2 - Goswami Shri Rakeshji Maharaj to positively attend the meeting. Pursuant to the order of this Court, a meeting was convened on 25. 12. 2004. THE trouble which the trustees took of visiting Nathdwara in order to comply with the order of this Court proved of immense utility. THE Temple Board having realized the need for expansion of the facilities, infrastructure and requirement of th pilgrims prepared a plan and submitted before this Court for approval. THE claim of the Temple Board is that Nathdwara Temple Board will impart each visitor with comfort, convenience and luxury. It is also claimed that it will leave behind a legacy of beauty and piece for generations to come. THE plan was approved with certain modifications by a detailed order of this Court dated 6th May, 2005, reported in 2005 (4) RLW 2700 (Dhirendra Manharbhai (Shri) & Anr. Vs. State & Anr. ). Pursuant to the order of this Court, the Temple Board has submitted the compliance reports from time to time. The plan for the expansion and development of the Temple Board premises had been divided in two phases namely Phase-I and Phase-II. PHASE - I : In phase - I of the temple expansion and development plan, the proposed constructed area comes to 225000 square feet and the facilities proposed to be provided include exhibition hall, waiting hall, restaurants, waiting space for 25000 persons, cloak room, lockers, public utility services, offices of temple board and 28 donor cottages. The work in the Phase - I commenced in the first week of September, 2005. This development/ expansion plan included in it following three categories of areas/premises:- (a) Area owned by the Temple Board and in possession of the Temple Board; (b) Area owned by the Temple Board but in possession of the tenants, and; (c) Area owned and possessed by the private persons. As far as first category of the area is concerned, dismantling of the properties began in the month of September, 2005 and construction work also started in full swing. As far as the areas falling in second and third category are concerned, the Temple Board has indicated the progress, as follows:- (1) Shifting of Mazar of a particular Community; (2) Shifting of a Temple of Lord Shiva; (3) Demolition of shops of Delhi Bazaar and adjoining area. The initial resistance of the local shopkeepers resulted into delay of demolition work. (4) As per the directions of this Court, the Committee headed by Divisional Commissioner, Udaipur settled the disputes, as a result thereof, some of the tenants have shifted. (5) The Phase -I also included acquisition of nine private houses. The Houses were accordingly constructed in the supervision and satisfaction of house owners and ultimate shifting in the newly constructed houses was over in the month of October, 2006. (6) The demolition work of old structure in the Phase - I has been over and the construction work had also started. Progress of the construction work in the Vallabh Bhawan Premises :- (a) 112 number of RCC columns in the ground floor constructed; (b) 44 number of column in first floor constructed; (c) 38000 square feet of podium slab constructed and; (d) 10000 square feet of first floor slab constructed. Looking to the progress of construction, it is expected that the construction up to Podium Level will be completed up to April, 2007 and the entire work of Phase- I will be completed by December, 2007. PHAsE - II : In Phase - II, following construction is proposed to be undertaken :- (I) Waiting Hall; (II) Two number of basement floors with basic facilities; (III) Basic facilities on the ground floor; (IV) First Floor and II Floor-toilet blocks and waiting hall; (V) II Floor : Cottages for Acharya.
(3.) AS far as the properties of the Temple Board are concerned, the demolition of the Temple Board premises has been completed. There are few properties of the Temple Board which were in possession of the tenants which are being vacated. Phase II plans also included four number of private properties with an area of 35000 square feet. The land acquisition proceedings were initiated by the State Government resulting in declaration being issued in the month of March, 2006. The possession of the properties under acquisition, other than those where compromise has been arrived at, has been taken over. Out of these properties, the property belonging to Mukund Raiji Mandan has been dismantled and the property belonging to Sheelu Baba and others is also in the process of demolition while protecting the private temples existing on the site. Demolition of other two properties will be undertaken very shortly after getting the possession. For remaining two properties under acquisition belonging to Shri Krishna Kantji Pandya and Shri Vallabh Dasji Sanchihar, settlement has been arrived at and the possession of the properties will be handed over to the Temple Board very shortly. It is expected that the dismantling of old constructions in second phase are likely to be completed by May, 2007. GIRIRAJ PARVAT PARIKRIMA : Plants have been planted in the North side of the Hill. The plantation of South side will commence shortly as per advise of the experts. It has been proposed to develop the Parikrima Road of 3. 2 kms length. The excavation work in the present alignment is almost complete except one portion of 200 meters length where a rock has been encountered. The excavation of rocks is under progress and likely to be completed within a fortnight. At present, the visitors can drive through the Parikrima Road. The work of development of Giriraj Parikrima Road is being executed. LAL BAGH BEAUTIFICATION WORK :- The development work of Lal Bag is under progress. Earlier there was a plan to construct musical fountain but it has been decided by the Board to explore the possibilities to execute the work on BOT basis. Another fountain of traditional type is under construction. Earlier tenders for electric cabling work were called but during the last visit of Shri Niranjan Hiranandani, it was decided to change the design of electric cabling work. To execute the work of unique nature, the consultant is preparing the detailed design accordingly. The work will be completed shortly. ;


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