SARIKA versus ADMINISTRATOR, MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) & ORS.

Citation: [2020] 9 S.C.R. 303 · Decided: 01-09-2020 · Supreme Court of India · Bench: ARUN MISHRA · Disposal: Dismissed

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Judgment (excerpt)

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[2020] 9 S.C.R. 303
303
SARIKA
v.
ADMINISTRATOR, MAHAKALESHWAR MANDIR
COMMITTEE, UJJAIN (M.P.) & ORS.
(M.A. No. 1235 of 2019)
In
(Civil Appeal No.4676 of 2018)
SEPTEMBER 01, 2020
[ARUN MISHRA, B. R. GAVAI AND
KRISHNA MURARI, JJ.]
Religious heritage/monuments – Erosion of Shivalinga in Shri
Mahakaleshwar Temple, Ujjain – Prevention of – Expert Committee
consisting of experts of ASI and GSI appointed by Supreme Court
vide order dated 02.05.2018 in Sarika v. Administrator, Shri
Mahakaleshwar Mandir Committee, Ujjain (M.P.) & Ors. reported
as [2018] 4 SCR 634 – Monitoring compliance of – Held:
Considering the facts and circumstances of the Report submitted by
the Expert Committee, Report of Temple Committee and the project
report prepared by Ujjain Smart City Ltd., directions issued.
Issuing directions, the Court
HELD: Considering the facts and circumstances of the
Report submitted by the Experts Committee dated 19.01.2019
and the Report of the Temple Committee as well as the project
report prepared by the Ujjain Smart City Ltd., the following
directions are issued:- (i) The Expert Committee shall visit the
temple and submit a report by 15th December 2020, as to the
steps to be taken to prevent deterioration of Shivlinga and the
steps to be taken to preserve the temple structure, including
Chandranageshwar Temple. (ii) The Committee to do a yearly
survey and submit a report to this Court. (iii) Directions to
preserve the Shivalingam. (iv) The Temple Committee shall
provide water from Koti Thirth Kund filtered and purified and
further maintain the required pH value. (v) Let the CBRI,
Roorkee visit the temple, if necessary, and submit a project report
as per its proposal dated 17.09.2019. CBRI, Roorkee, is directed
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304
SUPREME COURT REPORTS
[2020] 9 S.C.R.
to submit a project report regarding structural stability within
six months. A sum of Rs. 41.30 Lakhs, as required by it, shall be
paid by the Central Government as early as possible. (vi) Ujjain
Smart City Ltd., as per its letter dated 27.08.2020, to undertake
Mahakaal Rudrasagar Integrated Development Approach (Phase
I and Phase II) forthwith and submit to this Court detailed project
report and the time frame within six weeks. (vii) Let the details
of necessary repairs, maintenance, and improvement be worked
out and carried out forthwith. Let the Collector prepare a
comprehensive plan for this purpose with the help of the
Superintendent Engineer and available Architect. The State
Government shall sanction fund immediately. Let a suitable plan
and estimate be prepared within four weeks, and necessary repair
and maintenance work be carried out urgently. (viii) The Expert
Committee ordered the removal of modern additions, as noted
at Item No. 20. They shall be removed, and the Temple
Committee shall file a compliance report to this Court by 15th
December, 2020. (ix) The original work in the temple is required
to be restored. As assured by the Committee, let restoration
work be done concerning eyesore painting by 15th December,
2020. The Temple Committee to ensure in future not to permit
or resort to such painting and covering of the original work,
objected by the Expert Committee. Let a report be submitted to
this Court in this regard by 15th December, 2020. (x) The Collector
and Superintendent of Police of Ujjain to ensure that encroachment
within 500 mtrs. of the area of the temple  premises are removed,
as suggested by the Experts Committee. Let needful be done by
15th December, 2020, and a report be submitted to this Court.
(xi) Concerning the preservation and maintenance of
Chandranageshwar Temple, a comprehensive plan be prepared
and implemented, and be submitted to this Court for information.
(xii) If any area is slippery in Garbh Griha, the Temple Committee
to ensure that the needful is done. (xiii) Let the necessary
religious rituals be performed regularly along with other aspects
as discussed in Para 5 of the order. [Para 9][308-D-H; 309-A-H;
310-A-G]
Sarika v. Administrator, Shri Mahakaleshwar Mandir
Committee, Ujjain (M.P.) & Ors. [2018] 4 SCR 634 –
referred to.
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Case Law Reference
[2018] 4 SCR 634
referred to
Para 1
CIVIL APPELLATE JURISDICTION: M.A. No. 1235 of 2019
in Civil Appeal No. 4676 of 2018.
From the Judgment dated 27.10.2016 of the High Court of Madhya
Pradesh, Bench at Indore in Writ Appeal No. 37 of 2014.
By Courts motion.
Tushar Mehta, SG, Saurabh Mishra, AAG, S.B. Upadhyaya, Sr.
Adv., Divyak

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