Sarika vs Administrator, Mahakaleshwar Mandir Committee, Ujjain (M.P.) & Ors.

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 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.