Supreme Court approves UP govt's move to use Rs 500 crore from fund of Banke Bihari temple trust to build corridor

New Delhi: The Supreme Court on Thursday approved the Uttar Pradesh government's move to develop a corridor around Banke Bihari ji temple at Mathura and utilise Rs 500 crore from the temple trust fund for the purpose. 

A bench of Justices Bela M Trivedi and Satish Chandra Sharma modified the Allahabad High Court's order of November 08, 2023, which denied permission to the state government to utilise the temple funds for purchasing the land to build the corridor for wider roads, parking spaces, Dharamshalas, hospitals and other public amenities.

The court also noticed 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.

"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. In the considered opinion of this court, the state government is permitted to utilize the amount lying in the fixed deposit to acquire the land proposed. However, the land acquired for the purposes of development of the temple and corridor shall be in the name of the Deity/Trust," the bench said.

After going through the UP government's proposal, the court found 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, which is crucial to ensure the safety of the pilgrims.

"The Trust formed by the State of Uttar Pradesh was 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," the bench said. 

The court opined 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 in order to achieve a peaceful and spiritual journey for all pilgrims visiting these holy sites," the court said. 

In its 62-page judgment, Justice Sharma on behalf of the bench, said, it is an established fact that the historical temples are old structures; they require proper upkeep and other logistic support. In a large number of temples, receivers have been appointed for decades now which was originally intended to be a stop-gap temporary measure. 

"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," the bench said.

Highlighting the importance of the place, the bench said, Mathura is a place where Lord Krishna (an Avatar of Lord Vishnu) is said to have been born over 5000 years ago in a prison cell because his parents were held captive by King Kansa. 

Vrindavan, which is a few kilometres away from Mathura, is a pilgrimage destination of immense and spiritual significance. Lord Krishna spent his early years in Vrindavan and where he performed the Raas Leela with Gopis, lifted the Govardhan Parbat and his flute was heard by everyone in Vrindavan. Bhagwat Puran and Mahabharata describes Lord Krishna's divine acts and teachings.   

In Vrindavan and Mathura, there are large numbers of temples of Vaishnav Sampradayas, including the Banke Bihari Ji temple, Shree Krishna Janam Bhoomi, Prem Mandir, Radha Raman temple, Govindji temple and the list is long and all the temples are of great significance, the bench pointed out.

"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. There is a great rush of pilgrims to visit the historical temples and to seek blessings of Lord Krishna and other deities. Mathura and Vrindavan both, keeping in view of the influx of devotees, need wider roads, parking spaces, Dharamshalas, hospitals and other public amenities," the bench said.

The court also noted Yamuna river which is considered a Goddess in Hinduism and revered as sister of Yama, the God of death, also requires attention as Yamuna Ji is believed to be purifying and a dip in its water is said to cleanse one’s sins. 

"The Kashi Ghat and Vishram Ghat requires 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 a great work which has to be done to ensure that the pilgrims going to Mathura and Vrindavan are able to seek blessings of Lord Krishna and other Gods and Goddesses without any discomfort," the bench said.