“If every naga sadhus or baba’s are allowed to build a shrine or samadhi sthal on public land and continue to use it for personal gains, it would lead to disastrous consequences jeopardizing larger public interest.”: Delhi High Court dismissed the writ petition.
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NEW DELHI: The Delhi High Court dismissed a writ petition filed by Mahant Shri Naga Baba Bhola Giri, represented by his successor Avinash Giri. The petition sought the demarcation and protection of a property located at Ghat No. 33, Triveni Ghat, Nigambodh Ghat, Jamuna Bazar, Delhi.
The case, W.P.(C) 2377/2023, was presided over by Hon’ble Mr. Justice Dharmesh Sharma.
Background of the Case
The petitioner, Mahant Shri Naga Baba Bhola Giri, through his successor Avinash Giri, invoked the extraordinary jurisdiction of the Delhi High Court under Article 226 of the Constitution of India.
They requested directions for the demarcation of the land on which the Shrine of Naga Baba Bhola Giri is situated, citing threats of demolition by officials of the Flood Control and Irrigation Department of the Government of National Capital Territory of Delhi (GNCTD).
Legal Issues Involved
- Demarcation of Property: The petitioner asked the court to direct the District Magistrate and Sub Divisional Magistrate to demarcate the property and provide a copy of the demarcation report.
- Possession and Protection: Orders were sought to record possession and ensure the safety and security of the property.
- Historical Significance: The petitioner claimed that the property had been in possession since 1996 and was recorded in the Khasra Girdawari document dated 01.10.1991.
Court’s Decision
Justice Dharmesh Sharma, after considering the submissions and reviewing the records, dismissed the writ petition, stating that it was devoid of merit. The court made several key observations:
- Lack of Legal Right: The court noted that the petitioner had no legal right, title, or interest to continue using and occupying the subject property. The property was described as ‘Sarkar Daulat Madaar’ in the revenue records, indicating it was government land managed by the Delhi Development Authority (DDA).
- Encroachment: The court observed that the petitioner had encroached on government land and constructed structures without any legal entitlement.
- Naga Sadhus’ Way of Life: Justice Sharma highlighted that Naga Sadhus, being devotees of Lord Shiva, are ordained to live a life of complete detachment from worldly affairs. Seeking property rights in their names contradicts their beliefs and practices. The court stated-
“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.”
- Public Interest: The court emphasized that allowing individuals to claim property rights on public land for personal gains would lead to disastrous consequences, jeopardizing larger public interest.
Observations of the Court
Justice Sharma made several important observations in his judgment:
- “The petitioner has no right, title, or interest to continue to use and occupy the subject property. It is but apparent that he is a rank trespasser.”
- “Naga sadhus are ordained to live a life of complete detachment from worldly affairs, and therefore, seeking property rights in their names does not conform with their beliefs and practices.”
- “If each sadhu or baba is allowed to build a shrine or samadhi sthal on public land and continue to use it for personal gains, it would lead to disastrous consequences jeopardizing larger public interest.”
The court’s ruling underscores the importance of maintaining the integrity of public land and upholding the principles of detachment and renunciation central to the life of Naga Sadhus.
By rejecting the petition, the court has reinforced the necessity of adhering to legal and societal norms, preventing the misuse of public property under the guise of religious and spiritual practices.
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