If every sadhu (seer) is allowed to construct a shrine on public land and use it for private beneficial properties, it will result in disastrous penalties, jeopardizing the bigger public curiosity, the Delhi Excessive Courtroom just lately mentioned.
The HC made the statement whereas dismissing a plea moved by Mahant Shri Naga Baba Bhola Giri, by means of his successor, looking for a course to the District Justice of the Peace, Central district, Daryaganj, to demarcate “his land” located at Nigambodh Ghat.
A single-judge bench of Justice Dharmesh Sharma, in its Could 31 order, mentioned, “Making no try to put in writing a thesis on the way in which of life of Naga sadhus…as we perceive within the Hindu faith, Naga sadhus are devotees of Lord Shiva and they’re ordained to dwell a lifetime of full detachment from the worldly affairs, and subsequently, looking for property rights of their names doesn’t conform with their beliefs and practices.”
The HC underscored: “In our nation, we’d discover 1000’s of sadhus, babas, fakirs or gurus in numerous components of the panorama and if every one is allowed to construct a shrine or samadhi sthal on a public land and thereby, proceed to make use of it for private beneficial properties by the vested curiosity teams, that will result in disastrous penalties, jeopardizing bigger public curiosity.”
The seer’s successor had pleaded that he had been in possession of the property in query effectively earlier than the deadline of 2006, as set by the Delhi Particular Legal guidelines Act.
It was the successor’s grievance that on February 22, 2023, the officers of the Flood Management and Irrigation Division of the Delhi authorities demolished numerous jhuggies and different buildings within the neighborhood of the property in query.
He claimed that because of this, there may be an “imminent menace of demolition of the shrine of Naga Baba Bhola Giri”.
The HC noticed that the plea was bereft of any deserves because the SDM, Kotwali Sub Division, had already rejected the petitioner’s illustration on the bottom that “all villages falling beneath Kotwali Sub Division have been urbanised/nazul land and the income data of the villages will not be accessible with the workplace”.
Nazul land refers to a chunk of land that’s owned by the federal government however most frequently in a roundabout way administered as state property.
The HC mentioned, “At the price of repetition, the petitioner has no proper, title, or curiosity to proceed to make use of and occupy the topic property. It’s however obvious that he’s a rank trespasser and merely for the truth that he has been a cultivator for 30 years or extra doesn’t bestow with him any authorized proper, title or curiosity to proceed to occupy the topic property,” the HC mentioned.
It seems that the petitioner has “constructed two rooms with tin shed and different facilities on the facet, apart from a shrine of the revered baba, who died within the 12 months 1996”, the courtroom noticed.
The courtroom, nevertheless, mentioned there may be “nothing on report” to recommend that the place is of “any historic significance or devoted to the general public for worship” or for providing prayers to the deceased baba.
The HC additional mentioned that mere undeniable fact that the matter of demolition of the location in query had not been but thought of or accredited by the Non secular Affairs Committee constituted by Delhi’s Lieutenant Governor, “didn’t reduce any ice both because it was not a shrine dedicated to the general public however (was) a personal shrine”.
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