Institute of Legal and Management Studies

A plea has been filed in the Supreme Court to modify its earlier decision where it permitted the Uttar Pradesh Government to use funds from the Shri Banke Bihari Temple (Vrindavan) for acquiring 5 acres of land around the temple for corridor development, on the condition that the acquired land shall be registered in the name of the deity.

Sr Advocate Amit Anand Tiwari, counsel for the applicant, mentioned before the bench led by CJI BR Gavai and Justice AG Masih that the said decision was passed ex parte without making the applicant a party. The applicant Devendra Nath Goswami is said to be managing the affairs of the temple and is associated with the Raj Bhog branch of Shebaits. The applicant said that he was a lineal descendant of the original founder, Swami Sri Hari Das Ji Goswami, and the family has been managing the affairs of the temple for more than 500 years, in accordance with age-old customs and traditions. He added that the State now has access to the funds of the temple, while the issue of administration and management of the temple affairs and funds is pending before the Allahabad High Court. He said :

"This is an MA , where a judgment is passed on the application of the state of UP without making us as party, where the substantive litigation was pending before the High Court . In the same judgment, the Court has directed taking away the fund of the temple ....state is taking the funds of the temple"

CJI agreed to hear the matter next week.

The modification is sought of the decision of the Court on May 15 where it permitted the utilisation of temple funds for the purchase of land for the scheme for the development of the premises of Thakur Sri Banke Bihari Ji Maharaj temple in its entirety.

The bench of Justice Bela Trivedi and Justice SC Sharma, in doing so, had modified the order of the High Court, which had prohibited the purchase of land around the temple using its funds. The bench allowed the use of Banke Bihari Ji Temple's fixed deposits after examining the state government's Rs. 500 crore development plan for the corridor.

The applicant states that he was not arrayed as a party while granting this permission and was not given a fair opportunity to be heard.

"This Hon'ble Court ought to have impleaded the present applicant and other similarly placed persons who were already parties before the Hon'ble High Court of Judicature at Allahabad in PIL No.1509/2022 as parties to the proceedings before this Hon'ble Court. The applicant, who is actively managing the affairs of the temple in question, was not given an opportunity of hearing before the judgment was rendered."

The application further states that the main case before the Supreme Court was unconnected to the redevelopment scheme and was only limited to the issue of considering the appointment of a Receiver of Giriraj Temple, Govardhan, Mathura. However, the Supreme Court passed its decision based on an intervention application by the UP State Government, which proposed a comprehensive redevelopment scheme.

It further stressed that "There was no occasion or jurisdictional basis for the State of Uttar Pradesh to file an intervention application seeking sweeping reliefs in respect of a matter pending before the Hon'ble High Court of Judicature at Allahabad (PIL No.1509/2022), especially when substantial arguments in that matter had already been concluded and the matter is pending for adjudication before the Hon'ble High Court."

"The introduction of the redevelopment proposal by an intervention application in an unrelated Special Leave Petition amounts to a clear abuse of the process of law, undermines the hierarchical judicial procedure, and deprives the actual stakeholders like the hereditary temple managers of their right to be heard in a matter with serious and irreversible implications."

The following reliefs are sought in the application :

a) Modify the judgment dated 15.05.2025 passed in Special Leave Petition (Civil) 29702 of 2024, particularly Paragraphs 19, 20, and 24, to the extent that they:

i.approve the redevelopment scheme proposed by the State of Uttar Pradesh for Shri Banke Bihari Ji Maharaj Temple, and

ii. Permit the use of temple funds for the acquisition of land for the purposes of the said scheme,

as the same was granted without affording any opportunity of hearing to the present Applicant and other key stakeholders, and without consideration of the historical, spiritual, legal, and cultural aspects surrounding Shri Banke Bihari Ji Maharaj Temple and its adjoining areas;

b) Stay the implementation of the redevelopment scheme and any further acquisition, demolition, or construction activities pursuant to the Judgment dated 15.05.2025, pending the final disposal of this Miscellaneous Application;

c) Direct the constitution of a heritage and stakeholder consultation committee to examine any proposed redevelopment plan in a fair, transparent, and inclusive manner; and

d) Pass such other or further orders as may be deemed just and proper in the facts and circumstances of the case, in the interest of justice, equity, and protection of religious and cultural heritage.

Case Details : ISHWAR CHANDA SHARMA VERSUS DEVENDRA KUMAR SHARMA & ORS.|