Vrindavan Banke Bihari Corridor | 'State Not Serious About Project & People's Lives; It Is Eyeing Temple's Money ': Allahabad High Court

Dealing with a bunch of Public Interest Litigation (PIL) pleas filed with regard to the safety and security of pilgrims visiting Banke Bihari Temple in Vrindavan, the Allahabad High Court today sternly remarked that the state government was not serious about the corridor project and that it has an eye on the temple's fund.

A bench of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava made this oral observation after the State Government submitted before it today that it has plans to use the temple's money to purchase a 5-acre land (for developing the corridor), however, it would utilise its own funds for the construction activities. 

In response to this, the Chief Justice Diwaker remarked thus:

"Your eyes are on the temple funds. It seems gov is not concerned with the lives of the people. Your primary duty is to save the lives of the people. it doesn't seem you are serious about the corridor. You are not serious at all. We can observe in our order that you are not concerned about the lives of people."

For context, it may be noted that the 'Sevayat' Goswami Priests, who have overseen the Mandir for centuries, have been objecting to various aspects of the proposed corridor project of the UP Government, including the removal of the “kunj galiyan” (narrow lanes). The Sevayats have also objected to the involvement of local administration in the Temple affairs.

It may further be noted that the Goswamis of the Saraswat Brahmin community have the right to serve in Thakur Banke Bihari temple. They perform puja-archana and shringar in the temple and are called Sevayats. It is their specific plea that since the Banke Bihari Temple is a private temple, no external interference should be allowed including of the state government.

On the other hand, the State Government has maintained that it is only concerned with building a corridor and managing the security matters of the temple.

The hearing in the case started today with HC's query as to whether the state and the Goswamis Sevayats reached any consensus regarding the proposed plan to redevelop the temple area. In response to this, the Counsel for the Goswami Sevayats stated that the state government was yet to communicate to them its plans for developing the corridor. 

Responding to the Court's query about its proposed plan, the State Government's counsel submitted that it wants to have a partnership with the temple management and hence, it had no plans to acquire the land in its own name and instead, it is being planned to utilise the temple's funds to purchase the 5-acre land, so that the land which is purchased, belongs to the deity.

However, this submission did not please Justice Srivastava as it remarked that earlier, the state had said that it would be spending Rs. 500 crores itself to develop the corridor and now it was taking a contradictory stand by submitting that the state would buy land with temple funds. In other words, the State wants the temple management to purchase the land and give it to the state to develop it.

At this moment, CJ orally remarked that it appeared to the Court that the state was not serious about the project and was not concerned with the lives of the people.

However, clarifying its stand, the Counsel for the state submitted that more than Rs. 350 crores is available with the deity which shall be utilised by it, however, the funds of the sevayats would not be touched.

To this, Chief Justice remarked thus:

"That fund will not be touched. We will not permit you to touch that fund...Go to a proper court, and fight with them (Sevayats). Litigate and build the corridor after 50-100 years."

Further, when the CJ inquired from the Counsel for the Goswamis about any law through which the state can interfere with the temple, the Counsel for the Goswamis responded by saying that there was no such law. He also clarified that it would not part with its money and wouldn't let the state take over the management, however, he added, the state was free to do anything outside the temple.

Objecting to this, the Counsel for the PIL petitioner, Advocate Shreya Gupta, referring to refer to Articles 25 and 26 of the Constitution of India submitted that in this matter, the sevayats have a limited right and that in the matters of Public health, order and morality, the Sevayats cannot dictate the scheme.

Against the backdrop of these submissions, the Court adjourned the hearing in the matter and asked the State Government to specify on the next date as to how it would arrangeRs. 250 crore for the development project.

Background

The HC is presently dealing with a bunch of PILs filed by devotees of Lord Krishna in the Allahabad High Court seeking directions for the management of public order in and around the Shree Thakur Banke Bihari Ji Mandir, Vrindavan.

In one of the petitions, it has been submitted that Swami Hari Das Ji, who established the temple, did not create any trust or endowment in favour of anyone. Goswami Onkar Nath and Goswami Phundi Lal proclaimed themselves to be the legal heirs and were entitled to do the Pramukh Seva of Thakur Ji.

The petitioner has contended that the judgment given in 1939 in a suit filed by Goswami Onkar Nath does not hold good in the present times. Other than the fact that the judgment records the fact that there is no trust or endowment in favour of anyone.

Further, various disputes between Goswami and their heirs and various criminal cases against the Goswami have also been brought on record.

The petitioner has specifically pleaded before the Court that due to the lack of management inside the temple, it becomes difficult for the devotees to offer their prayers. The petitioner has also brought forward specific instances where devotees had died due to the unmanaged crowd. It has been contended that the inaction by the State and its authorities is violative of Article 25 of the Constitution of India.

Accordingly, it has been prayed that the Court may issue directions of the State for framing the proper scheme of maintenance of the temple and for facilitating proper darshan of Thakur Ji to protect the rights of the citizens under the Constitution of India.

An intervention application has been filed by about 250 shopkeepers and residents of the area against the proposed expansion plan by the State. It is their case that ‘Kunj Galis’ are sacred galis where Lord Krishna and Radha Rani still carry on their ‘leelas’. According to the intervenors, there are two temples which are protected by the Archeological Survey of India, in the vicinity of the main temple. Thus, it has been pleaded that no expansion construction can be done within 400 mts of such temples.

Before the Court, the State has already come up with a consolidated action plan for the development of the corridor around the Vrindavan temple. However, the plan requires the temple to give Rs. 200 crore out of Rs. 700 crore needed to build the corridor. To this, strong objections have been raised by the Counsel representing the Deity. Further, counsel for the intervenor has also raised objections to the entire expansion plan as it would result in the destruction of the sacred ‘Kunj Galis’ which are of religious importance.