(1.) PETITIONERS claim to be members of Vishwa Hindu Parishad, Indore and social workers also. They claim that "Nav Durga Mata Temple" situate at Manish Bagh Colony looked after by one Ishwarlal, was illegally and forcibly demolished by official respondents preventing them from exercising their fundamental right of practising religion and faith of their choice. It is alleged that this was done in violation of orders passed by this Court in Ishwarlal's writ petition No. 944/98 requiring them to take recourse to procedure established by law.
(2.) Petitioners claim that this temple existed on the land donated by Manish Bagh Co.-op. Housing Society's Ex-President as evidenced from Annexure P6 permitting Poojari Ishwarlal to raise/renovate the temple. The demolition incident was also witnessed by one sitting M.L.A. Laxman Singh Gaur testifying that Collector, Indore and Commissioner, Indore Municipal Corporation accompanied by police force had demolished the structure and beaten and abused people present on the spot. It is accordingly prayed that Government should be directed to conduct an enquiry against them and punish them for being guilty of misuse of their office and powers and it should be asked to re-erect and reconstruct the temple on its own cost or else to pay damages and till it was done to allow devotees to construct the temple on their own.
(3.) Reply has been filed by respondents No. 5 and 6, office bearers of the Society. According to them one Ishwarlal had illegally encroached upon the disputed land which was otherwise reserved for common amenities in the housing colony and constructed a three bed-room residential house thereon with all requisite facilities but without obtaining any building permission or sanction from the Municipal Corporation. However, he had raised a Board of "Nav Durga Mata" temple on it to ward off any threat to the structure. Upon this colony residents filed complaints and fearing action Ishwarlal filed W.P. No. 944/98 seeking a restraint order against the demolition of structure. This writ petition was disposed off on 26-8-1998 requiring municipal Corporation to proceed in the matter in accordance with law. Consequent thereupon municipal Corporation issued notices dated 4-9-1998 and 5-9-1998 to said Ishwarlal requiring him to show title to the land. He appeared but failed to show title to the land leading to the passing of order 7-9-1998 for removal of the structure.