Pandit Ganga Ram Shastri And ANR v. Chief Project Manager Dmrc And ANR

#7 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3135/2016 & CM APPL. 13374/2016 PANDIT GANGA RAM SHASTRI AND ANR ..... Petitioners Through Mr. S.P. Verma, Advocate versus CHIEF PROJECT MANAGER DMRC AND ANR ..... Respondents Through Mr. J.K. Srivastava, Advocate with Mr. Sanjay and Mr. Punit, Law Officer, DMRC.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 18.04.2016 Present writ petition has been filed seeking a direction to respondent No.1-DMRC to comply with the Memorandum of Understanding dated 13th June, 2012. Petitioners further seek a direction to respondent No.2, a private individual, not to interfere in religious affairs of the temple Prachin Shiv Mandir, Jheel Ka Piao, opposite Link House, Bahadur Shah Zafar Marg, Delhi.

Learned counsel for petitioner states that in accordance with the Memorandum of Understanding, the respondent No.1-DMRC was to reconstruct the portion of the temple and habitat of the Priests as it was prior to being demolished, but the same has not been done till date.

Learned counsel for petitioner further states that respondent No.2private individual has made two men sit at the temple just to extort money. He further states that petitioners and their families are being tortured and threatened to leave the priesthood of the aforesaid temple. In the opinion of this Court, since petitioners seek specific performance of Memorandum of Understanding dated 13th June, 2016 executed between itself and DMRC and also seek action against a private individual for interfering in petitioners' religious rights, petitioners should file alternate legal proceedings like a civil suit. With aforesaid liberty present writ petition and application are dismissed.

MANMOHAN, J APRIL 18, 2016 rn