Tungareshwar ashram gets SC reprieve

The Supreme Court (SC) on Friday stayed the ongoing demolition of a temple and a few other structures within the Balayogi Shree Sadanand Maharaj Ashram complex inside Tungareshwar Wildlife Sanctuary (TWLS).

“We are of the opinion that let the demolition take place with respect to the other structures except: the temple, samadhis (tombs within the ashram), and three rooms adjacent to the temple,” read the order passed by the SC bench of Justice Arun Mishra and Justice Deepak Gupta while hearing a review petition filed by the ashram. Hindustan Times has a copy of the order. Balayogi Shree Sadanand Maharaj lives in one of the three rooms while others are his resting place and home to devotees.

The relief has been granted till September 6. “Let the dimensions of areas (demolished and stayed) be placed on record on the next date of hearing,” the order further said. The final fate of the three protected structures will be decided by the SC then.

The same bench on July 22 had directed that if the Maharashtra government fails to comply with the SC’s earlier directions, the state chief secretary has to be present in person during the next date of hearing. To this effect, the bench clarified, “In case demolition is made for the rest of the structure, we make it clear that the chief secretary need not remain present on September 6.”

The Maharashtra forest department confirmed they had received directions from their counsel to ensure the temple and other structures remained untouched. HT reported on Friday that the state began demolishing the ashram and began by tearing down a four-storey dharamshala inside the complex.

Counsel representing the ashram before the SC on Friday said the state had already completed demolishing over 50% of other structures within the complex. However, the forest department said the dharamshala was the only structure demolished so far. “After the dharamshala, we will be demolishing a cow shed, Prasadalaya (where devotees are fed daily), a few more minor structures and finally a stage for ashram processions,” an official said.

Spread across 0.69 hectare (1.7 acres) near Parshuram Kund, the topmost peak of Tungareshwar mountain, the ashram is at 11km from Tungar phata, near Satavali village. It was built in 1977.

Senior political leader Ram Naik, who had filed the application along with the ashram trust earlier this week, which the SC heard on Friday, said the court order was timely. “I was allowed by the SC bench to put forth my representations as to why the temple and surrounding structures should be saved. When I was an MP in Mumbai, the area where the ashram came up was not declared as a forest, and thus the location has never been illegal,” said Naik.

In January, Debi Goenka from Conservation Action Trust (CAT) had filed a plea claiming the 42-year-old ashram had been “in violation of the provisions of the Forest Conservation Act, 1980 and the Wildlife Protection Act, 1972 for over 30 years, by continuing to illegally encroach on forest land.” On May 7, the SC directed the state to demolish the ashram before July 22. However, after the state failed to meet this deadline, the SC allowed extension of the deadline to August 31.

Senior advocate Shyam Divan, who appeared for CAT, requested the SC that its earlier orders should be complied with. “It was submitted before the court that the temple cannot remain within the sanctuary as not only would it be situated on a non-regularised land, it will also invite devotees and tourists, which would result in continuing damage to flora and fauna of TWLS,” said one of the counsels representing CAT. “If the Court is inclined to protect only the temple, then certain safeguards need to be put in place such as; no vehicles should be permitted, restriction of movement after sunset, etc.”

“We are sad that the forest department has botched up the entire proceedings,” said Goenka. “The demolition should have been carried out weeks ago. Despite spending so much money and fancy planning, we are left with a situation of little effect to enhance protection to TWLS.”