Former Maharashtra Minister Ganesh Naik promoted Bhavkaleshwar Trust seems to have lost its final attempt to save the temple premises situated in Mahape MIDC.
‘NCP Party Workers Were Told Dada’s Birthday Venue Would Be Bhavkaleshwar’
Prior to Ganesh Naik’s birthday that falls on September 15, NCP corporators were speaking about the plans of celebrating their “dada’s” birthday at Bhavkaleshwar temple. According to these corporators who did not wish to go on record, Ganesh Naik had told them in closed door meetings that the temple had got relief from Bombay High Court and would not be demolished. “That was true. They had got partial relief,” says social crusader Sandeep Thakur, adding that, “After their petition was dismissed by Supreme Court, they moved the Bombay High Court behind my back. They did not make me a respondent. They made MIDC the respondent. They filed a civil writ petition and told the court that there is a new state policy as per an earlier Supreme Court judgment regarding illegal religious places and that there is a procedure as per the government rules that there will be a committee that will decide whether the temple can be regularized or needs to be demolished. They told the court that they had applied under that procedure and asked for relief till their application was not disposed off. So court told the state that till four weeks no action should be taken till such time that their application for regularization is not disposed off. So for four weeks they got relief.”
‘Bhavkaleshwar Trust Misinformed Bombay High Court’ : Sandeep Thakur
When Sandeep Thakur came to know of the development, he went to Bombay High Court and informed them that the court was misinformed by Bhavkaleshwar Trust. “The court asked me how were they misled?” says Sandeep Thakur, adding that, “I informed them that I was the PIL petitioner initially but they never addressed the petition to me. The judge asked them if that was the case, and their lawyers had no answer. Secondly, MIDC did not inform you that the decision of the committee is already been taken to demolish it prior to passing of your orders. So your order of giving four weeks to the committee does not arise as the committee has already taken the decision. The court entertained my submission and posted the matter the next day on August 29, 2017. The next day MIDC came and informed the court that what I was saying was true and the order has already been passed to demolish it.”
‘It Was A Cheap Tactic To Go To Court Behind My Back’ : Sandeep Thakur
The Bhavkaleshwar Trust appointed former Maharashtra Advocate General Sunil Manohar to fight the case in Bombay High Court this time. Sandeep Thakur however was not addressed as a respondent in the petition. According to Mr Thakur, “These are cheap tactics where the court of sort of misled. They brought former Maharashtra Advocate General Sunil Manohar from Nagpur and even the judge was not aware about this.”
‘MIDC Had Moved To Supreme Court Too’
MIDC had moved to Supreme Court too against the Bombay High Court relief. “Not many know that MIDC too had objected the relief and moved to Supreme Court against the High Court relief.”
‘Bhavkaleshwar Temple Will Be Demolished’
The Bombay High Court on August 29, 2017 ordered that MIDC has already informed that the decision has been taken by them to demolish the temple so the decision of demolition stands. Elaborating the same, Sandeep Thakur says, “The current status is that the MIDC is following up with the Navi Mumbai police for police protection to demolish the temple. Though I must add they are doing do since May of this year but the police is giving one excuse or the other.”
Innumerable Legal Flaws By Bhavkaleshwar Trust
The Ganesh Naik promoted Bhavkaleshwar Trust’s advocates blotched the case since it Sandeep Thakur went to court. They had said that Ganesh Naik had nothing to do with the temple. However, the entire city had witnessed personal invites in the form of hoardings and print ads of Ganesh Naik inviting citizens for inauguration and even NMMC buses taking citizens to the temple venue for its inauguration. Not to mention that the entire Naik family always made its presence felt on various occasions at Bhavkaleshwar temple. The most ironic aspect of the case being that Ganesh Naik had informed the media during the inauguration on January 24th 2007 that the temple was built after his wife saw a dream.
Moreover the trust had a balance of only 40000 cash and no bank account and yet it’s evident that the temple was built after spending Crores and encroaching government land illegally.
With no regard of law and innumerable legal flaws, it doesn’t come as a surprise that the temple will be demolished. Now the MIDC is following up with the Navi Mumbai Police to provide protection so that the temple can be demolished as per the court orders.