Factual Background 

In the case of Pradeep Kumar Sharma v. GNCTD, The petitioner filed a plea alleging that on May 3 he received a warning from the PWD informing him that the religious structure was illegally constructed on government property due to encroachment on Wazirabad Road, which is under the control of the PWS. The Delhi government and PWD warned the temple’s custodians of dire penalties if they did not leave the property by May 15 as instructed.

Argument Advanced

According to the petitioner whose grandpa is said to have constructed the Hanuman temple in the 1940s, the vicinity of the building was not developed. It is contended that the temple has been maintained and cared for by the petitioner’s family for more than 60 years and has been passed down through the generations ever since his grandpa arrived in Delhi from Gwalior in the 1960s. As a result, a large portion of their identity, beliefs, history, and feelings are entwined with this theological framework.

The defendant’s claim state that the authorities organised a meeting to discuss moving the temple because it was preventing easy traffic flow in the region.

Delhi High Court Order 

The Delhi High Court single bench Justice Tushar Rao Gedela stayed held that A status report from the neighbourhood police station was also required in the removal of a 50-year-old temple in North East Delhi after its guardians were served with a notice from the Public Works Department (PWD) alleging that it was constructed on government property. The report was to include any traffic disruptions the structure may have caused. To remove the Hanuman Temple under the letter dated 03.05.2023 issued by PWD, no respondents’ government authority will take any coercive action in the meantime. According to the Court’s order, talks for an alternate plot seem to have hit a roadblock.