A Delhi court has directed the shifting of a temple and deities from a housing society on a plea of a resident alleging that musical instruments and loudspeaker were causing him disturbance, saying the complainant had a right to lead an undisturbed peaceful life.
The court directed the MCD to implement its order and get the temple shifted to another place within two months and also asked the SHO of K N Katju Marg Police Station in north west Delhi to ensure its compliance in letter and spirit.
District Judge Pradeep Chaddah directed the members of Delhi Pradesh Co-operative Group Housing Society, Dhruva Apartments in Rohini to immediately cease the usage of loudspeaker and musical instruments in the temple.
"I, therefore, direct the respondents to immediately stop using any kind of musical instruments or loudspeaker in the temple. Till the time deities are shifted with due respect, the prayers shall be conducted without use of any loudspeaker or musical instruments.
"Respondent shall ensure that least amount of disturbance is caused to the appellant. Within two months of passing of order, respondents should choose another site within or outside the society," the judge said.
The court added that "after observing all religious rituals and while according due respect, the statues of deities should be shifted to that chosen spot and the construction raised on the water tank should be removed."
It also directed the society and its members P N Luthra and S B Singhal pay a cost of Rs 50,000 to complainant N C Jain, a resident of the apartments in Rohini's sector 13.
The court said Jain was an aged person and has a right to live an undisturbed peaceful life and to have proper sleep.
The order came on Jain's appeal challenging civil judge's decision who had not imposed cost on the society and its members and disallowed his plea seeking to restrain the respondents from disturbing peace and tranquility by causing noise pollution and nuisance to him by use of loudspeaker and musical instruments.
Jain claimed in his petition that the society's members have encroached upon an open platform above an underground water reservoir and the fire fighting tank built in the premises.
