Construction Of Temple
The news, that master Pandurang has found a self-existent Shivling spread like fire in entire city of Mumbai. (At that time Mumbai was not Mega-City). The contemporary spiritual Brahmins came over and started worshiping the Shivling.
To build bunglows for its officers, the executives of East India Company offered lucarative price for this Malbar Hill land to master Pandurang Sheth. Despite the repeated requests and attractive monetary benefits offered by East India Company., Pandurang Sheth did not enter into any deal with the Company. He was very much religion loving so he built a small but beautiful and strong Shivalaya. (Temple of Shiva).
By passage of time Pandurang Sheth also faced ups and down of life and lost his property and became bankrupt. The large land owner by him was sold out in auction. An English clergyman purchased the North & East vacant land to Shree Babulnath Temple in auction, Mumbai Parsi Panchayat purchased the aforestated vacant land from the English clergyman. The north part of the land was used as crematorium for parsis and the east part of the land was used for welfare activities of Parsi Community.
As time advanced, difference of opinion developed between Pujaris (priests) of Babulnath Temple and adjacent Parsis. The priests of temple approached Shrimant Malharrao Gaikwad, a king of Baroda (Vadodara), who was residing at Walkeshwar, an area adjacent to Malbar Hill. With the help of Shrimant Malharrao a case was admitted in Mumbai high Court. The verdict by learned judge was given in favour of the temple.The details of judgement of the court in brief is engraved on a marble and placed at temple reads as follows:-
In Mumbai's Recorder Court Pleader's judgement A.D. 1806Malharrao Bahadur Gaikwad & Others Plaintiffs on behalf of Hindu PanchV/sParsi Hormasji Bamanji Defendant.In the said suit on 2.8.1808, the Hon'ble Court ordered the verdict in Plaintiff's favour and directed the Defendants not to obstruct Plaintiffs & other Hindus to build a temple and/or to perform other rites. Shah Rajaram Balmukandas and Bhatt Valji Jivraj placed an inscripted stone stating that the temple is renovated in 1776 A.D. by Hindu Mahajan Sangh.
There after trustees were appointed and by public fund the construction of current gorgeous temple started. The small Shivalaya built in AD - 1780, first time, became very popular to the Gujarati Community residing in the City. On the basis of popularity and faith on Lord Babulnath, lakhs of Rupees were donated for enlargement, sculpturing and renovation. In 1836 A.D. the expansion of Temple Project was started and it was completed in 1840 AD. Before the dawn of 20th Century, over and above Shri Babulnath Mahadev, the idols of Shree Parvati, Ganpati, Hanumanji, Laxminarayan, Virat Swaroop, Garudji, Kashi Vishwanath Dattatray, Gayatri Mata (Standing), Chanddev, Shitlamata, Nagdeo and other deities were installed. Thus, the temple expanded in an unique manner and to-day we find with beautiful, gorgeous dome an artistic temple. A suit was filed in Mumbai High Court in 1880 A.D. the brief details of the suit inscribed in a marble is literally as below. "The Hon.Mr.Justice Bayley one of the judges of Her Majesty's High Court of Judicature at Bombay.
IN SUIT NO.547 OF 1880 whereinThe Hon. Mr.John Marriot Advocate General at the instance and in relation of Shah Rajaram Balmukunddas Bhatt, Valji Jivraj Thacker, Ghellabhai Ladha Khatri, Jivan Meghji Applicants Vs. Soni Anandrao Sukharam and other Respondents, the Hon.Mr.Jusitce Bayley decided this suit on the 8 October, 1883 and having settled that the temple of Shri Babulnath and the property connected with it was for the use of public charity appointed five trustless viz. Sheth Valabhdas Walji Sheth, Mulji Jethawalla, Sheth Chaturbhuj Morarji Sheth Damodar Tapidas Sheth, Rajaram Balmookanddass, Bhatt Valji Jewraj. In this Mr.Bhaishankar Nanabhai of the firm of M/s. Jefferson Bhaishankar and Dinsha rendered invaluable assistance. This monument was raised in Samvat 1946 when the temple was repaired and repurified or consecrated".
High Court framed a 'Scheme' in 1918 A.D. for the temple. In 1951 A.D. as per the requirement of time the scheme was reframed and enlarged with 42 Clauses and appendices.
In Clause 31 of 951 A.D. Scheme, necessary changes were made chronologically in 1987, 1995, 1996, 2004 etc., with the permission of Hon. Court and at present this scheme is in force.