State's Duty To Protect Temple's Rights; Compensation For Land Acquisition To Be Deposited With Devasthan Dept, Not Trustee: Rajasthan High Court

Rajasthan High Court has recently clarified that compensation in lieu of the acquisition of Temple's land should be deposited in the account of the Commissioner, Devasthan Department. Since the state has the duty to protect and safeguard the rights of the temple and the Commissioner is deemed to be a Treasurer of the charitable endowments, the Devasthan Department is entitled to receive compensation for temples registered as 'Public Trusts', the court elucidated further.

The Division Bench of Dr. Justice Pushpendra Singh Bhatti and Justice Munnuri Laxman was adjudicating a PIL filed by the President of the Trust managing the temple. According to the petitioner, the compensation awarded for getting alternative land allotted to a non-government temple in the state should have been given to such temples personally or their trust.

“…the Temple (deity) is a perpetual minor and the pujari/trustee acts only as its caretaker and thus, the compensation in lieu of acquisition of Temple's land has to remain in the account of the Commissioner, Devsthan Departmnet, who in turn, would utilize the same for purchase of alternate land as per the decision of the Committee, and such land after being purchased would be allotted back to the Temple…”, the court underscored that Devasthan Department has a custodian role in the matter, contrary to the contentions raised by the petitioner.

Since the temple in question is registered as a Public Trust under Section 2(11) of the Rajasthan Public Trust Act, 1959, Section 37 of the Act would squarely apply, the court added. As per the applicable provisions, the Devasthan Commissioner will act as the 'Treasurer' of the Temple, receiving charitable endowment as contained in Section 2 (3) of the Act.

“…Commissioner is having control as Treasurer over the said endowment, and furthermore, the Temple (deity) is a perpetual minor and is a registered public trust…it is the duty of the State through Commissioner of the respondent-Devsthan Department, to ensure protection of rights and interests of the Temple..”, the bench sitting at Jodhpur added that the trust managing the affairs of the temple cannot claim that the compensation ought to be deposited in their account itself.

The Commissioner appointed under Section 7 of the Act would utilize the amount of compensation only as per the recommendations of the Committee constituted for the same, the court went on to observe. The Commissioner will oversee the process of allotting land to the temple from the concerned entities such as the Nigam, Panchayat, and Development Authority. The Committee so constituted comprised of District Collector as Chairman, and four other members.

In Chapter IX of the 1959 Act, the power to exercise control over public trusts, including the power to call or return statements, accounts, or reports from the working trustee or other trustee, is vested with the Commissioner and Assistant Commissioner, the court pointed out.

The court also noted the pertinence of a circular dated 11.06.2020 issued by the Revenue Department of the state. In this circular, it is stated that compensation to a temple in lieu of land acquisition by the state is not receivable by the pujaree/trustee who is a caretaker; it should be deposited with the concerned Devsthan Department. This circular was not challenged by the petitioner in the writ.

“…in view of the above, and particularly, the afore-quoted circular, the petitioner cannot claim compensation for the land acquisition of the temple because it is evident that the amount has to remain in the account of the Devasthan Commissioner…”, the court concluded.

The petitioner herein was the President of a registered Trust, namely, Shri Mahadev Ji Mandir (Matha), Village Jajiwal Bhatiyan in Jodhpur. As per a 2020 Gazette notification, certain lands, including trust land, were acquired for the construction of a ring road around the city. The compensation award was passed in 2021, but the amount was not transferred to the account of the Trust.

In this writ petition, the Trust's President challenged the order of the Land Acquisition Officer dated 19.01.2015, stating that the compensation amount would be released in the account of the Commissioner-Devasthan Department and a similar order issued by the Devasthan Department itself subsequently.

Advocate Moti Singh represented the President of the Temple Trust. AAG Manish Patel appeared for the respondent state.

Case Title: Partap Ram v. State of Rajasthan & Ors.

Case No: D.B. Civil Writ Petition No. 11499/2022

Citation: 2024 LiveLaw (Raj) 71

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