A batch of devotees has been directed to pay Rs 25,000 to Chief Minister’s Covid-19 fund by the high court for filing an application objecting to the demolition of a temple on the footpath in Jayanagar 4th Block.
A division bench of Chief Justice Abhay Shreeniwas Oka and Justice M Nagaprasanna passed the order while hearing the PIL filed by Sanatana Kalakshetra.
In previous hearings, the Bruhat Bengaluru Mahanagara Palike (BBMP) had been submitting undertakings that the temple would be demolished.
During the hearing on Tuesday, certain devotees filed an application stating that the temple was built in 1854. Appearing for the applicants, senior counsel Ashok Haranahalli contended that the temple was now on the footpath due to the widening of the road.
On March 4, 2020, the bench had dismissed a similar application filed by the confederation of all residents’ welfare association.
Right to construct an unauthorised temple, that too on the footpath, cannot be an essential part of any religion, the bench said.
"We are therefore surprised to note that citizens are filing one after the other applications. The duty of the citizens is to see that no illegal structure comes up in their locality. They are interested in protecting an illegal structure that has come up on the footpath,’’ the bench observed.
Dismissing the application, the bench directed the applicants to deposit the amount to the CM relief fund in six weeks.
The BBMP stated that it had made the efforts to demolish the temple on June 21 and July 6. But, the demolition could not take place as police assistance was not provided.
The civic body held that demolition drives cannot happen without the assistance of the police as there is a likelihood of mass opposition.
"Considering the fact that the city is under lockdown, we are not passing any adverse order against the BBMP for the time being,’’ the bench stated and adjourned the matter to July 30.