Interim panel headed by ex-HC judge can hold parleys to purchase land for Banke Bihari temple: SC

New Delhi: The Supreme Court has said that an interim panel headed by a former high court judge constituted to manage the day-to-day affairs of the Banke Bihari temple at Vrindavan in Mathura will make an endeavour to plan the holistic development of the religious site, including holding private negotiations for the purchase of land.

A bench of Justices Surya Kant and Joymalya Bagchi said the panel will work subject to the ultimate outcome of the proceedings challenging the validity of the Uttar Pradesh government's Banke Bihari temple trust ordinance, which rests administrative control of the iconic religious place with the state, before the high court.

"The committee shall make an endeavour to plan the holistic development of the temple and its vicinity, for which it may privately negotiate suitable purchase of the requisite land.

"In case no such negotiation fructifies, the state government is directed to proceed with the acquisition of the required land in accordance with law," the bench said while giving the remit of the 12-member panel.

Besides Justice (retd) Ashok Kumar, who will act as chairman of the panel, its other members include Mukesh Mishra, retired district and sessions judge, Mathura’s district and sessions judge and civil judge, Mathura’s district magistrate and senior superintendent of police, municipal commissioner of Mathura, vice-chairman of Mathura Vrindavan Development Authority, a renowned architect to be engaged by the chairperson, a representative from the Archaeological Survey of India, and two persons each from the warring Goswami groups.

"It is made clear that besides the four members in the committee representing the Goswamis, no other Goswami or 'sevayat' shall be associated or allowed to interfere or impede in any way in the managing of the temple’s critical functions, except in the practice of conducting puja/sewa and offering prasad to the deity," the bench said.

The top court said the committee shall have an office at Mathura, and directed the deputy district commissioner and SSP and principal secretary of the Dharmarth Karya Vibhag of the state government to meticulously comply with the instructions and recommendations that may be made by the chairperson of the panel from time to time.

"The chairperson shall be the final authority on all matters regarding the committee's functioning, including but not limited to its rules of procedure, scheduling of meetings, and other ancillary matters,” it said.

The bench also asked the high court to decide the controversy over the constitutional validity of the ordinance expeditiously and preferably within one year of the fresh writ petitions being filed, clarifying that no opinion is expressed on the merits of the constitutional challenge to the impugned ordinance, and all contentions are left open for the high court to consider on their merits, and in accordance with law.

"In the event of any unforeseen impediment or difficulty, the committee or the state shall be at liberty to move an appropriate application before this court," the bench said.

While forming the panel, the bench said the ad-hoc arrangement of the temple management has been wholly ineffective and inefficient in discharging its duties over the years.

"We are pained to observe that the previous administerial deadlock(s) and in-fighting have only worsened the problems plaguing the temple, causing much distress to the pilgrims -- who are left without any amenities or redress," it said.

The top court added that the material on record indicates that despite the substantial donations received by the temple running into hundreds of crores, no tangible steps appear to have been taken by the successive managements for providing essential facilities to the scores of devotees visiting the shrine.

"We are also informed that the Goswami Shebaits remain divided into factions and continue to litigate before the civil courts, further contributing to administrative inaction," it said.