Case Note & Summary
The Supreme Court was monitoring compliance of its earlier judgment in Civil Appeal No. 4676/2018 dated 02.05.2018 concerning the preservation of the Shivalinga in Shri Mahakaleshwar Temple, Ujjain. An Expert Committee comprising experts from Archaeological Survey of India and Geological Survey of India had been appointed to prevent erosion of the Shivalinga. The Expert Committee's report dated 19.01.2019 indicated continuing erosion, and photographs from July 2020 showed further deterioration. The Court noted that reckless offerings had destroyed the Lingam of Omkareshwar Temple, and similar concerns existed here. The pH value of Bhasma Aarti was found to be 10.51, reactive to the cryptocrystalline siliceous cementing material of orthoquartzite, causing deterioration. Mechanical erosion from the weight of Mund Mala and Serpakarnahas was also noted, though their weight had been reduced by half. The Temple Committee reported measures such as covering the Shivalinga during Bhasma Aarti, cleaning with RO water, regulating entry, and restoring original work. The Court directed that no rubbing of the Shivalinga by devotees be allowed, and that Poojaries and Purohits ensure compliance. The pH value of Bhasma must be improved, and the weight of Mund Mala and Serpakarnahas further reduced. Only pure milk from temple resources should be offered by devotees, and Panchamrita pouring by devotees is banned. The entire proceedings in Garbh Griha must be video recorded and preserved for six months. The Court also directed CBRI, Roorkee to submit a structural stability report within six months, with the Central Government bearing the cost of Rs. 41.30 Lakhs. The Ujjain Smart City Limited was directed to implement the Mahakaal Rudrasagar Integrated Development Approach (MRIDA) and submit a detailed project report. The Temple Committee was ordered to remove modern additions and restore original work. The Court further directed the removal of encroachments within 500 meters of the temple and preparation of a comprehensive plan for repairs and maintenance by the Collector. The Expert Committee was directed to conduct yearly surveys and submit reports to the Court.
Headnote
A) Temple Preservation - Erosion of Shivalinga - Prevention Measures - Supreme Court monitoring compliance of earlier judgment - Expert Committee report indicated continuing erosion due to offerings, mechanical abrasion, and pH imbalance - Court directed reduction of weight of Mund Mala and Serpakarnahas, improvement of pH value of Bhasma, ban on rubbing by devotees, and use of pure milk only - Held that strict compliance is necessary to prevent deterioration (Paras 1-4, 9). B) Temple Preservation - Structural Stability - CBRI Report - Court directed CBRI, Roorkee to submit project report on structural stability within six months - Central Government to bear cost of Rs. 41.30 Lakhs - Held that structural assessment is essential for preservation (Paras 6, 9). C) Temple Preservation - Removal of Modern Additions - Expert Committee recommended removal of modern construction and eyesore paintings - Court directed removal and restoration of original work within three months - Held that heritage character must be restored (Paras 1, 9). D) Temple Preservation - Encroachments - Expert Committee recommended removal of encroachments within 500 meters - Court directed concerned authorities to remove encroachments and prohibit unauthorized construction - Held that encroachments affect temple environment (Paras 7, 9). E) Temple Preservation - Comprehensive Development - Ujjain Smart City Limited proposed Mahakaal Rudrasagar Integrated Development Approach (MRIDA) - Court directed implementation of Phase I and II and submission of detailed project report within six weeks - Held that integrated development is necessary for overall preservation (Paras 8, 9).
Issue of Consideration
Whether the measures taken by the Temple Committee are adequate to prevent further erosion of the Shivalinga and preserve the temple structure, and what further directions are necessary.
Final Decision
The Court issued detailed directions including: (i) Expert Committee to visit and submit report by 15.12.2020 and yearly surveys; (ii) Ban on rubbing of Shivalinga by devotees; (iii) Improvement of pH value of Bhasma; (iv) Further reduction of weight of Mund Mala and Serpakarnahas; (v) Only pure milk from temple resources to be offered by devotees; (vi) Ban on Panchamrita pouring by devotees; (vii) Video recording of all proceedings in Garbh Griha; (viii) CBRI to submit structural stability report within six months, Central Government to bear cost; (ix) Ujjain Smart City Ltd. to implement MRIDA project; (x) Removal of modern additions and restoration of original work; (xi) Removal of encroachments within 500 meters; (xii) Preparation of comprehensive plan for repairs and maintenance by Collector.
Law Points
- Preservation of heritage structures
- Prevention of erosion of Shivalinga
- Monitoring compliance of court orders
- Expert committee recommendations
- Structural stability assessment
- Removal of encroachments
- Regulation of religious offerings
