New Delhi: The Supreme Court on Thursday paved the way for a scheme of the Uttar Pradesh government to develop the Shri Banke Bihari Temple corridor in Mathura for the benefit of scores of devotees, saying the historical temples are old structures and require proper upkeep and other logistical support.
A bench comprising justices Bela M Trivedi and Satish Chandra Sharma said: “It is a fact that the historical temples are old structures; they require proper upkeep and other logistic support, and added to the fact is that in a large number of temples, Receivers have been appointed for decades now which was originally intended to be a stop-gap temporary measure”.
The bench said it is unfortunate that while appointing receivers, the concerned courts are not keeping in mind that Mathura and Vrindavan, the two most sacred places for Vaishnav Sampradayas and, therefore, persons from Vaishnav Sampradayas should be appointed as receivers. “This will give true meaning to the High Court’s directions pertaining to persons who have adequate administrative experience, historical, religious, social background and not advocates to be appointed as receivers”, it said in the 62-page judgment.
The apex court allowed the plea filed by the Uttar Pradesh government to utilise the funds of Shri Banke Bihari Temple only for the purchase of 5-acre land around the temple to create a holding area. "We permit the state of Uttar Pradesh to implement the scheme in its entirety. The Banke Bihari Ji Trust is having fixed deposits in the name of the deity/temple...the state government is permitted to utilise the amount lying in the fixed deposit to acquire the land proposed," it said.
However, the bench said the land to be acquired for the purposes of development of the temple and corridor should be in the name of the deity/trust.
The bench noted that Uttar Pradesh has undertaken to incur costs of more than Rs 500 crore to develop the corridor. “However, they propose to utilise the Temple funds for purchasing the land in question, which was denied by the High Court vide order dated November 8, 2023”, it said.
The apex court modified the Allahabad High Court order on a PIL filed by the Uttar Pradesh government, which accepted the state’s ambitious scheme but refused to permit the state to utilise the temple funds. The high court had observed that the acquisition of land around the temple and the consequent development project were crucial to ensure the safety of the pilgrims.
The two-judge bench of the apex court said that as this court is in session of the cause qua the administration and safety of temples in the Braj region, it is in public interest to decide the issue raised by Uttar Pradesh expeditiously in this court itself.
The state government had placed on record the proposed scheme for the development of the temple. “Upon a perusal of the same and the consequent assessments, it has been ascertained that 5 acres of land around the temple is to be acquired and developed by constructing parking lots, accommodation for the devotees, toilets, security check posts and other amenities”, noted the apex court.
The Uttar Pradesh government pointed out the dire situation of the Banke Bihari Temple in Mathura and the lack of proper administration and amenities.
The state government said the temple, spread over a limited area of only 1,200 square feet, has a daily footfall of 50,000 devotees, which was between 1.5 and 2 lakh on the weekends and upwards of 5 lakh during festivals.
The apex court said Mathura and Vrindavan, being historical cities, have found their descriptions in most of the religious scriptures and are visited by millions of people every year.
It said there is a great rush of pilgrims to visit the historical temples and to seek the blessings of Lord Krishna and other deities.
“Mathura and Vrindavan both, keeping given the influx of devotees, need wider roads, parking spaces, Dharamshalas, hospitals and other public amenities. The Trust formed by the State of Uttar Pradesh/Respondent No. 4 is already doing a great job for the development of Mathura and Vrindavan corridor, and the Act enacted by the Uttar Pradesh Legislature, i.e. The Uttar Pradesh Braj Planning and Development Board Act, 2015, provides for development of both the cities keeping in view their historic importance”, said the bench.
“The development of Mathura and Vrindavan cannot be done by parties individually, let it be the various trusts, which are managing the temples, or even by the Government. It has to be a collective effort by the Government, Trusts, people of Mathura and Vrindavan and other agencies to achieve a peaceful and spiritual journey for all pilgrims visiting these holy sites”, said the bench.
“The Kashi Ghat and Vishram Ghat need to be expanded and renovated. Similarly, the lake of flowers, i.e; Kusum Sarovar, which is located near Govardhan Parbat, also requires beautification. In short, there is great work which has to be done to ensure that the pilgrims going to Mathura and Vrindavan can seek blessings of Lord Krishna and other Gods and Goddesses without any discomfort”, said the apex court.
The bench said during the hearings, it was apprised that other temples in the belt, including the Shri Banke Bihari Temple, have been facing severe administrative issues of crowd management, and it is being administered by a civil judge.” It pains this court to take notice of the fact that the temple was a site of an unfortunate stampede in 2022, caused due to the lack of infrastructure that can support the large crowd of devotees that visit the temple brimming with bhakti to offer their prayers”, said the apex court.
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