If Each Sadhu Or Guru Is Allowed To Build Shrine Or Samadhi On Public Land, It Would Lead To Disastrous Consequences: Delhi High Court

The Delhi High Court has observed that if every Sadhu, Guru or Baba is allowed to build a shrine or samadhi on a public land and use it for personal gains, it would lead to disastrous consequences.

“In our country, we might find thousands of Sadhus, Babas, fakirs or Gurus in different parts of the landscape and if each one is allowed to build a shrine or samadhi sthal on a public land and thereby, continue to use it for personal gains by the vested interest groups, that would lead to disastrous consequences jeopardizing larger public interest,” Justice Dharmesh Sharma observed.

The court dismissed a plea moved by Mahant Naga Baba Bhola Giri through his successor seeking a direction to the District Magistrate to demarcate his land situated in Nigambodh Ghat.

It was the successor's case that he had be in possession of the property in question well before the deadline of the year 2006, as set by the Delhi Special Laws Act.

The court observed that the petition was bereft of any merits as the DM had already rejected the petitioner's representation on the ground that “all villages falling under Kotwali Sub Division have been urbanised/nazul land and the revenue records of the villages are not available with the office”.

It said that the petition was a rank tress-passer and merely for the fact that he had been a cultivator for 30 years or more did not bestow with him any legal right, title or interest to continue to occupy the subject property.

Justice Sharma also said there was nothing on record to suggest that the place was of any historical significance or dedicated to the public for worship or for offering prayers to the revered deceased Baba.

The court further said that mere fact that the matter of demolition of the site in question had not been yet considered or approved by the Religious Affairs Committee constituted by the Lieutenant Governor, Delhi did not cut any ice either since it was not a shrine devoted to the public but a private shrine.

“Making no attempt to write a thesis on the way of life of Naga sadhus, as we understand in the Hindu religion, Naga sadhus are devotees of „Lord Shiva‟ and they are ordained to live a life of complete detachment from the worldly affairs, and therefore, seeking property rights in their names does not conform with their beliefs and practices,” the court said.

Counsel for Petitioner: Mr.Kamlesh Kr. Mishra, Ms. Renu, Ms.Manya Mishra, Mr.Dipak Raj Singh, Advocates

Counsel for Respondents: Mr.Udit Malik, ASC for GNCTD with Mr.Vishal Chanda, Advocate; Ms.Shobhana Takiar, standing counsel with Ms.Deeksha L.Kakar, Mr.Kuljeet Singh, Ms.Akansha Choudhary and Ms.Razia. Advocates for DDA

Title: MAHANT SHRI NAGA BABA BHOLA GIRI THROUGH HIS SUCCESSOR AVINASH GIRI v. DISTRICT MAGISTRATE DISTRICT CENTRAL AND ORS

Citation: 2024 LiveLaw (Del) 666

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