HC: Govt acquired land for temple for public purpose

MUMBAI: A decade after the Maharashtra government acquired a plot of private land for the Siddhivinayak temple in order to create facilities for devotees, the Bombay high court ruled that the acquisition was for a "public purpose." A division bench of Justice Anoop Mohta and Justice Amjad Sayed settled a 14-year legal dispute and dismissed a petition challenging the acquisition proceedings by a firm who were tenants on the land adjacent to the temple.

The Siddhivinayak temple is one of Mumbai's most famous shrines. Around 55,000 devotees visit the temple every day, while on special days like Chaturthis, the numbers touch 20 lakh.

The judges said it could not be denied that the adjacent plots were being used for long for the public at large, including devotees of all communities. "The submission that the whole acquisition procedure is malafide and colourable exercise of powers and/or arbitrary, is unacceptable. We are inclined to observe that in the present facts and circumstances, the acquisition was for the public purpose and in the interest of public," said the judges. The HC said though the acquisition was not for the state or the BMC and was for a public charitable trust, "it is well within the framework of law, power and authority."

The dispute was over a 642-square metre plot which was tenanted to Sadanand Garages. There were talks between the temple trust and the owners of the land to purchase the property, but the talks ultimately did not go ahead. In 2002, on a request by the trust, the state government initiated proceedings to acquire the land for constructing a waiting hall and rest house for devotees. In 2004, the acquisition proceedings were finalised, with the owners being paid over Rs 1.38 crore, and the tenants were to be given around Rs 43 lakh. The owners accepted it but the tenants challenged the acquisition proceedings in court.

The HC said there were talks to transfer the property and the dispute had only been over the amount of compensation.

http://timesofindia.indiatimes.com/followceleb.cms?alias=Siddhivinayak Temple,private land,Maharashtra government,Devotees

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