Supreme Court To Hear Plea Against Demolitions Near Sri Krishna Janmabhoomi On August 16

The Supreme Court listed for Wednesday (16.08.2023) a plea challenging the demolition drive by railway authorities aimed at clearing encroachments in the backyard of Sri Krishna Janam Bhoomi in Mathura. While initially the bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra granted liberty to the petitioners to approach the Chief Justice of Allahabad High Court for an urgent hearing of the matter, it later decided to list the matter for August 16.

Senior Advocate Prashanto Chandra Sen, appearing for the petitioners approached the bench on Monday afternoon for an urgent listing of the matter and said –

"This is against a proposed demolition drive in Krishna Janam Bhoomi. Today, unfortunately, all courts in UP have been shut because of shooting of a lawyer. Which is why both the High Court and the District Courts are unavailable. I am just requesting for the plea to be listed today."

At first, the CJI remarked that the petitioners should move the High Court and granted liberty to the petitioners to move the Chief Justice of the Allahabad High Court for urgent listing of the matter. However, reiterating his plea, Sen once again mentioned the matter before the bench as the court was rising for the day. 

"We are living here since the 1800s. 3000 people would be affected," stated Sen.

The CJI then stated that he would list the matter before an appropriate bench on the coming Wednesday. 

Recently, the railways authorities, in collaboration with local police and administration, had carried out an extensive demolition operation aimed at clearing alleged encroachments in the backyard of Sri Krishna Janmbhoomi in Mathura. The area primarily consists of residential structures. The alleged encroachments were removed as part of an initiative to convert the existing metre gauge railway track into a broad gauge track, facilitating a connection between Mathura and Vrindavan, stated the railways’ public relations officer (PRO).

Initially, the Petitioner had filed a civil suit before the civil Court Senior division, Mathura seeking permanent injunction against the railway authority. In the meantime, on 09.08.2023 the demolition work commenced. This was yet again challenged and an interim stay application was filed the very next day. 

Owing to no courts in Allahabad sitting on 14.08.2023, pursuant to resolution passed by the Bar Council on account of shooting of an advocate, petitioners could not reach out to Allahabad courts. It was alleged before the Supreme Court that taking advantage of the situation the Railway Authority had initiated the process of demolition of houses. Therefore, the petitioners had no other option but to approach the Supreme Court.