Constructions in temples to be undertaken with restraint and due regard to 'Vasthu': Kerala High Court

Kochi: The Kerala High Court has directed that any construction undertaken within a temple or its immediate precincts must be carried out with "utmost restraint and circumspection" and issued a slew of guidelines to be followed by the TDB before it places a proposal for any such activity. The High Court said that unnecessary constructions without due regard to 'Vasthu' principles, aesthetic integrity, archaeological significance and the traditional architectural grandeur of the temple, "ought to be scrupulously avoided".

"Temples are heritage structures; therefore, any intervention must be sensitive to their cultural, ritualistic, and historic value," a bench of justices Raja Vijayaraghavan V and K V Jayakumar said while issuing the guidelines, which included undertaking of an aesthetic and architectural impact assessment.

The bench said that the Travancore Devaswom Board (TDB) shall undertake a detailed examination as to whether the proposed construction would affect the aesthetics, heritage value, spatial harmony, or architectural beauty of the temple complex. The other guidelines included, mandatory consultation with the thanthri (head priest) and experts like a temple architect, assessment of necessity, civil-engineering feasibility and in-house execution and avoidance of unnecessary constructions.

To avoid delay in grant of approval for construction works undertaken by the Devaswom Boards, the bench directed that all such applications be filed directly before the court. Till now, petitions seeking approval for the award of construction contracts above Rs 20,00,000 were filed before the Ombudsman, who, after a detailed consideration of each project, forwarded the matter to the court along with his recommendations and suggestions.

The bench further directed that whenever the Board approaches the court with a proposal for a new construction, it shall produce documents containing the written opinion of the temple thanthri regarding the proposed construction, the opinion of a temple architect, resolution of the TDB approving the proposal, administrative sanction by the competent authority and technical sanction by the authorised engineering wing.

Additionally, the Board also has to produce a detailed and duly approved estimate based on prevailing Schedule of Rates (SOR) and a Bill of Quantities (BOQ), notice inviting e-tender, full details of the selected contractor, and a copy of the agreement entered into with the contractor, the bench said.

"Upon completion of the work, the contractor shall, within 30 days, file an affidavit detailing the nature, quantity, source, and quality of materials used, the structural and engineering specifications followed, the time taken for completion and all other relevant particulars. The Executive Engineer in charge of the concerned temple shall similarly file an affidavit within the same period, certifying compliance with technical standards, quality-control measures, and the approved plans, without fail," the court said.

The directions and guideline were issued by the court while declining approval for the award of contract for the construction of ‘Prathalpura’ in Vaikom Sree Mahadeva Temple one of the oldest and most revered Shiva temples in Kerala. The temple management wanted to construct a permanent Prathalpura for serving prasadam to devotees, so that they do not have to wait for long hours in the open space, especially during the Ashtami festival when there is a huge crowd of pilgrims.

A temporary measure, a makeshift structure, set up every year cost around Rs 3.5 lakh and that is why the temple management wanted to construct a permanent one at a cost of Rs 1.92 crore. However, the temple thanthri and an expert consulted by the management were against any such permanent construction.

"In the light of the foregoing discussions and the cumulative objections raised by the thanthri, the Advocate Commissioner, and the expert temple architect, we are unable to grant our approval either to the present proposal or to the modified lien-type extended structure," the bench said.