Wednesday, May 5, 2010

Gold plating can’t be entrusted to TTD, contends petitioner

By S A Ishaqui

Hyderabad, May 4: A petitioner who is against gold plating the Tirumala temple expressed fears that the ancient cultural structure of the temple will be damaged due to the project and contended that the TTD Trust Board had no power to tamper with the abode of God.

A two-member special bench comprising Justice B. Prakash Rao and Justice R. Kantha Rao of the Andhra Pradesh High Court continued its hearing on the controversial gold plating project for the second consecutive day on Tuesday.

Mr M.S. Ramachandra Rao, the counsel for Mr Raghava Reddy of Devalayala Parirakhana Samiti, while concluding the arguments said the action of the TTD is an intrusion into religion matters. He said the TTD cannot be trusted with handling a sensitive religious issue like gold plating the inner temple.

He contended that the citizens had an inherent right to seek a direction to see that the rich cultural heritage of the temple is preserved according to Article 21 of the Constitution. He urged the court to invoke parens patriae (inherent jurisdiction of the courts to make decisions concerning people who are not able to take care of themselves) jurisdiction of the court apart from Article 226 of the Constitution to protect the temple.

He said the TTD had no power to intervene in religious affairs and added that it can only look after administrative affairs and matters of the temple.

Referring to the contention of the state that the Lord Venkateswara temple at Tirumala was not notified under Section 4 of the Ancient Monuments and Archaeological Remains Act, 1958, Mr Rao cited an order of the Supreme Court with regard to the Vice Regal Lodge case in Shimla.

He said the apex court had ordered the conservation and protection of Vice Regal Lodge when the Centre wanted to tamper with the structure though the building was not formally notified under any statute.

He also cited the International UNESCO conventions which mandate the preservation of ancient heritage structures for future generations. He told the court that India is a signatory to this convention and the governments are duty bound not tamper with the ancient structures and inscriptions.

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