A fresh application has been submitted in the Supreme Court to modify its recent order which allowed the Uttar Pradesh Government to use funds from Shri Banke Bihari Temple in Vrindavan for acquiring 5 acres of land for a redevelopment corridor. The permission was granted on the condition that the land would be registered in the deity’s name.
Senior Advocate Amit Anand Tiwari, representing the applicant Devendra Nath Goswami, raised the matter before the bench led by Chief Justice BR Gavai and Justice AG Masih. The applicant claims he manages temple affairs and is from the Raj Bhog branch of the Shebaits, being a direct descendant of Swami Sri Hari Das Ji Goswami, the original founder. He argued the order was passed ex parte—without making him a party to the case—while a related matter is already pending in the Allahabad High Court.
"This is an MA, where a judgment is passed on the application of the State of UP without making us a party. The state is taking the funds of the temple," the counsel stated.
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The plea challenges the Supreme Court's earlier decision on May 15, 2025, which approved the state's redevelopment scheme and allowed the use of the temple’s fixed deposits. The bench of Justice Bela Trivedi and Justice SC Sharma had modified a High Court order which had earlier restricted the use of temple funds for such purchases. The court’s decision came after reviewing the State’s ₹500 crore development plan.
The applicant pointed out that he and others managing temple affairs were not heard by the court:
"The applicant, who is actively managing the affairs of the temple, was not given an opportunity of hearing before the judgment was rendered."
According to the plea, the original case before the Supreme Court only dealt with the appointment of a Receiver for the Giriraj Temple in Mathura. However, the UP Government’s intervention led to a sweeping decision unrelated to that petition. The application emphasizes that introducing such a proposal in an unrelated matter is a misuse of judicial process:
"The introduction of the redevelopment proposal by an intervention application in an unrelated SLP amounts to a clear abuse of the process of law, undermines judicial hierarchy, and deprives hereditary temple managers of their right to be heard."
The applicant seeks the following reliefs:
- Modification of the judgment dated May 15, 2025, especially Paragraphs 19, 20, and 24 that approved the redevelopment and permitted fund usage without stakeholder consent.
- Stay on the redevelopment activities, including acquisition, demolition, or construction.
- Constitution of a heritage and stakeholder consultation committee to evaluate any future redevelopment plans in a fair and transparent manner.
- Any other direction that ensures justice and protects the religious and cultural legacy of the temple.
The Supreme Court has agreed to hear the matter in the coming week.
Case Details : ISHWAR CHANDA SHARMA VERSUS DEVENDRA KUMAR SHARMA & ORS
