SHREE TRUSTEE ATMA KAMAL LABDHISURISHWARJI JAIN GYANMANDIR TRUST & ANOTHER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the above Interim Application, the Applicants/ Petitioners are seeking urgent directions of this Court to Respondent Nos. 1 to 3, to allow the Applicants to open their Jain Temples being T. A. K. L. Gyan Mandir Trust, situated at 6th Gyan Mandir Road, Dadar (W), Mumbai 400 028 and Sheth Motisha Religious and Charitable Trust, situated at 180, Sheth Motisha Road, Byculla, Mumbai 400 027, for the Jain devotees, with Standard Operating Procedure ('SOP's') during 5 days of Diwali S.R.JOSHI-Nitin 1 of 11 ial-5766-2020-F.doc Parv commencing from 13th November, 2020 to 17th November, 2020 (both days inclusive) from 6.00 a.m. to 1.00 p.m. and from 6.00 p.m. to 9.00 p.m. The Applicants/ Petitioners are also seeking similar reliefs for temples/ trusts as per list contained in Exh. H and Exh. H-1, to open their respective Jain temples in similar manner.

(2.) Labdhisurishwarji Jain Gyanmandir Trust' and Petitioner No.2 is 'Sheth Mothisha Religious and Charitable Trust'. Both the Petitioner-Trusts are public trusts registered under the provisions of the Maharashtra Public Trust Act, 1950. The Temple known as T.A.K.L. Gyan Mandir Trust is managed by Petitioner No.1 and the Temple known as Sheth Motisha Religious and Charitable Trust is managed by Petitioner No.2.

(3.) Respondent No.1 is the State of Maharashtra. Respondent No.2 is the Chief Secretary, Department of Revenue and Forests, Disaster Management, Relief and Rehabilitation and is the concerned authority who has been issuing the orders and guidelines with respect to Covid-19 pandemic. Respondent No.3 is the Municipal Commissioner, Municipal Corporation of Greater Mumbai ('MCGM') and is the concerned authority to issue orders and guidelines in respect of and during lockdown within the limits of Municipal Corporation of Greater Mumbai. Respondent No.4 is the Union of India through the Secretary of Ministry of Home Affairs.