prevention of erosion of Shivalinga in Shri Mahakaleshwar Temple at Ujjain.

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REPORTABLE
SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
M.A. No.1235 OF 2019 IN
CIVIL APPEAL NO.4676 OF 2018
SARIKA ..APPELLANT(S)
VERSUS
ADMINISTRATOR, MAHAKALESHWAR
MANDIR COMMITTEE, UJJAIN (M.P.) & ORS. ..RESPONDENT(S)
J U D G M E N T
ARUN MISHRA, J.

  1. This Court is monitoring the compliance of the judgment and order
    passed by this Court in Civil Appeal No. 4676/2018 on 02.05.2018. We
    have appointed an Expert Committee consisting of experts of
    Archaeological Survey of India and Geological Survey of India concerning
    the prevention of erosion of Shivalinga in Shri Mahakaleshwar Temple at
    Ujjain. The Expert Team visited Ujjain on 19.01.2019. Its Report
    indicates that there was erosion of Shivalinga after the last inspection,
    and it is a continuing process. The last inspection was made earlier in
  2. The time gap was short when the inspection was made. As such,
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    the extent of further erosion was not measured. However, the facts
    remain that there was some erosion of the Shivalingam. We have vide
    order dated 19.08.2020 called for the Action Taken Report from the
    Temple Committee. The Temple Committee has submitted the response
    to the various measures pointed out by the Committee of the Experts in
    the inspection report dated 19.01.2020. Since it has been noted that the
    deterioration and erosion of Lingam is a continuing process, the
    photographs of July 2020 indicate that there was further erosion of the
    Lingam. A patch of Shivlinga towards the side of the deity of Shri
    Kartikeyan is quite visible. The matter is of grave concern as due to
    reckless offerings, the Lingam of Omkareshwar Temple was destroyed.
    The Report indicates that the pH value of Bhasma Aarti stands at 10.51,
    which is required to be improved and is reactive to Cryptocrystalline
    siliceous cementing material of orthoquartzite at room temperature and
    causing deterioration in Jyotirlingam. Sanitation and drainage were
    required to be improved. There was a mechanical erosion also of the
    Lingam due to the weight of Mund Mala and Serpakarnahas. Though
    their weight has been reduced to half, mechanical abrasion takes place
    due to their existing weight. It was also suggested that the rubbing of
    the Lingam by the devotees be strictly banned. It was also reported that
    there was modern style construction made in the temple premises, which
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    needs to be removed. It was also pointed out that the modern
    construction within the temple premises was in progress, which was
    required to be stopped and removed. The necessity was also felt to
    restore the original work. The walls were painted with colours, which
    was giving a bad look to the ancient heritage place. There were additions
    in the form of eyesore painting inside the temple, which were yet to be
    removed. It was reported that ghee, milk, curd, and honey are regular in
    the offering. The Temple Management Committee has decided to provide
    pure and natural offering material to pilgrims. There was a necessity for
    a periodical review of the remedial measures.
  3. The stand of the Temple Committee is that during Bhasma Aarti,
    the cloth is covered on Shivalinga and is cleaned with RO water after
    that. They are regulating the entry into the Garbh Griha, and during the
    COVID pandemic, no access is permitted. They have been restoring the
    original work, which is in progress and will be completed within three
    months. Concerning eyesore paintings, their removal is in the process
    and would be completed within three months. The Temple Committee
    has decided to meet monthly to do a review.
  4. A Report dated 28.07.2019 indicated that Chandranageshwar
    Temple in the premises was also not in good shape, and repair work was
    required. Its roof has become weak.
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  5. The Temple Committee pointed out that there is a necessity of
    further inspection by the experts’ team, as the last inspection was made
    1½ years ago. The team of experts is located at Bhopal. They can visit
    the temple at any time. Periodic inspection by the Expert Committee is
    necessary for the remedial measures and to prevent erosion and to
    preserve the temple structure. To ensure that there was no rubbing of
    Shivalinga, the Poojaries (Janeupati, Khutpati), Purohits, and their
    authorized representatives be directed to ensure that no visitors or
    devotees rub the Shivalinga. There should be a video recording of the
    entire process, and it should be preserved at least for six months. The
    Temple Committee shall provide water from Koti Thirth Kund filtered and
    purified to maintain the required pH value and shall also provide milk
    from its resources so that pure milk is offered to the deity. No visitor
    shall be allowed to offer Panchamrita to Shivalinga.
  6. It was pointed out that during COVID­19, visitors and devotees are
    not permitted to enter the sanctum sanctorum. But in our opinion, at
    the same time, customary Poojaries and Purohits must perform rituals
    as they know the rituals and are expert in pooja and archana. When the
    Temple Committee prepares the details of rituals, customary Poojaries
    and Purohits must be associated with the Committee to render proper
    help and guidance in the various matters relating to the temple. Of late,
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    it is seen that unfortunately the performance of necessary rituals is the
    most neglected aspect in the temples, and new Poojaries do not
    understand them; the same should not be the state of affairs. There is no
    scope for commercialization. The myriad religious rituals and
    ceremonies are to be performed regularly. We cannot direct what kind of
    pooja­archana rituals should be performed, but no doubt, they should be
    done regularly by the experts in the field. Accordingly, we direct that the
    Temple Committee acts in the manner described above.
  7. Concerning the temple structure’s stability, the Temple Committee
    has pointed out that on 31.07.2019, this Court directed the Central
    Government to get the temple and various structures inspected by CBRI,
    Roorkee. The CBRI visited the temple in September 2019 and submitted
    a structural assessment proposal and wanted 12 months to submit the
    project report. It has claimed a sum of Rs. 41.30 Lakhs as project
    charges, to be paid in advance. Prayer has been made that this Court
    may direct the Central Government to bear the expenses of Rs.41.30
    Lakhs, to be paid to CBRI. The CBRI may be required to submit its
    project report within a reasonable time. Shri Tushar Mehta, learned
    Solicitor General appearing on behalf of the Union of India, has agreed
    that the Central Government would be bearing the expenses of Rs.41.30
    Lakhs to be paid to CBRI, Roorkee.
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  8. It is also submitted on behalf of the Temple Committee that it is
    necessary to undertake repairs and maintenance and other construction
    activities within the temple premises and further, as suggested by CBRI.
    The State or Central Government may be directed to contribute adequate
    funds for that purpose, including for the preservation of
    Chandranageshwar Temple. The Temple Committee has also prayed that
    encroachment within the area of 500 mtrs. from the temple are required
    to be removed, as recommended by the Expert Committee. The
    concerned authorities should remove the encroachments and prohibit
    the construction, otherwise than essential facilities for the public and
    pilgrims.
  9. The learned counsel appearing on behalf of the State of Madhya
    Pradesh has placed on record a detailed plan prepared by the Ujjain
    Smart City Limited (USCL) for the comprehensive development of Shri
    Mahakaleshwar Temple and surrounding areas. The project is named as
    “Mahakaal Rudrasagar Integrated Development Approach” (MRIDA).
    Letter dated 27.08.2020 issued by CEO, Ujjain Smart City Ltd. to the
    Collector is placed on record, pointing out various developments
    proposed for the development in Phase I and Phase II of the
    abovementioned project.
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  10. Considering the facts and circumstances of the Report submitted
    by the Experts Committee dated 19.01.2019 and the Report of the
    Temple Committee as well as the project report prepared by the Ujjain
    Smart City Ltd., we issue the following directions:­
    (i) That the Expert Committee shall visit the temple and submit a
    report by 15th December 2020, as to the steps to be taken to prevent
    deterioration of Shivlinga and the steps to be taken to preserve the
    temple structure, including Chandranageshwar Temple.
    (ii) We also direct the Committee to do a yearly survey and submit a
    report to this Court.
    (iii) To preserve the Shivalingam, we direct that :
    (a) any devotee should do no rubbing of the Shivalingam.
    (b) The Temple Committee to ensure that the pH value of Bhasma
    during the Bhasma Aarti is improved and Shivalingam is preserved
    from further deterioration and to implement the best methodology to
    prevent further damage to the Lingam.
    (c) The Temple Committee ensures that weight of Mund Mala and
    Serpakarnahas is further reduced to preserve the Shivalingam from
    mechanical abrasion. The Temple Committee to find out a way and
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    consider whether it is necessary to use the Metal Mund Mala on the
    Shivalingam, or there can be a way out to use Mund Mala and
    Serpakarnahas without touching the Shivalingam. Possibility of
    further reducing weight may also be found out to prevent
    mechanical abrasion.
    (d) The rubbing of curd, ghee, honey on the Shivalingam by the
    devotees is also a cause of erosion. It would be appropriate that only
    pouring of a limited quantity of pure milk is allowed by the
    Committee. Whereas in the traditional puja to be done on behalf of
    the temple, all pure materials can be used.
    (e) Poojaries, Janeupati, Khutpati, Purohits, and their authorized
    representatives to strictly ensure that no visitor or devotee rub the
    Shivalingam at any cost. If it is done by any devotee, accompanying
    Poojari or Purohit shall be responsible for not stopping the rubbing.
    No rubbing of Shivalingam to be done by anyone except during
    traditional Puja and Archana performed on behalf of the temple.
    (f) The entire proceedings of Puja and Archana in Garbh Griha to
    be video recorded 24 hours and be preserved at least for six months.
    If any violation is found by any Poojari, Purohit, let the Temple
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    Committee take suitable action against that Poojari or Purohit, as
    considered appropriate.
    (g) As agreed to on behalf of the Temple Committee, no
    Panchamrita to be poured on Shivalingam by any devotee. It may be
    used only during traditional Puja and Archana of the Shivlingam.
    (h) The Temple Committee shall provide pure milk from its
    resources to the visitors and devotees for offering and make
    arrangements for that. The Committee should ensure that no
    impure or adulterated milk is offered to Shivalingam and concerned
    Poojari/ Purohit to ensure compliance.
    (iv) The Temple Committee shall provide water from Koti Thirth Kund
    filtered and purified and further maintain the required pH value.
    (v) Let the CBRI, Roorkee visit the temple, if necessary, and submit a
    project report as per its proposal dated 17.09.2019. CBRI, Roorkee, is
    directed to submit a project report regarding structural stability within
    six months. A sum of Rs. 41.30 Lakhs, as required by it, shall be paid
    by the Central Government as early as possible.
    (vi) Ujjain Smart City Ltd., as per its letter dated 27.08.2020, is
    directed to undertake Mahakaal Rudrasagar Integrated Development
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    Approach (Phase I and Phase II) forthwith and submit to this Court
    detailed project report and the time frame within six weeks.
    (vii) Let the details of necessary repairs, maintenance, and improvement
    be worked out and carried out forthwith. Let the Collector prepare a
    comprehensive plan for this purpose with the help of the Superintendent
    Engineer and available Architect. The State Government shall sanction
    fund immediately. Let a suitable plan and estimate be prepared within
    four weeks, and necessary repair and maintenance work be carried out
    urgently.
    (viii) The Expert Committee ordered the removal of modern additions, as
    noted at Item No. 20. They shall be removed, and the Temple Committee
    shall file a compliance report to this Court by 15th December, 2020.
    (ix) The original work in the temple is required to be restored. As
    assured by the Committee, let restoration work be done concerning
    eyesore painting by 15th December, 2020. The Temple Committee is
    directed to ensure in future not to permit or resort to such painting and
    covering of the original work, objected by the Expert Committee. Let a
    report be submitted to this Court in this regard by 15th December, 2020.
    (x) We direct the Collector and Superintendent of Police of Ujjain to
    ensure that encroachment within 500 mtrs. of the area of the temple
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    premises are removed, as suggested by the Experts Committee. Let
    needful be done by 15th December, 2020, and a report be submitted to
    this Court.
    (xi) Concerning the preservation and maintenance of Chandranageshwar
    Temple, a comprehensive plan be prepared and implemented, and be
    submitted to this Court for information.
    (xii) If any area is slippery in Garbh Griha, the Temple Committee to
    ensure that the needful is done.
    (xiii) Let the necessary religious rituals be performed regularly along
    with other aspects as discussed in Para 5 of the order.
    Let the case be listed for further monitoring and consideration of
    the Compliance Report in the second week of January 2021.
    …………………….J.
    (Arun Mishra)
    …….……………….J.
    (B.R. Gavai)
    …….……………….J.
    (Krishna Murari)
    New Delhi;
    September 01, 2020.