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Making policy to manage temples: Delhi govt to SC

The court was hearing a batch of petitions related to Kalkaji temple, its properties and the rights of pujaris.

In a move that may have wide ramifications, the Delhi government on Monday told the Supreme Court that it was in the process of formulating a policy to manage temples in Delhi and that a scheme shall be prepared to regulate various affairs pertaining to temples.

Notably, a bench led by Justice Dipak Misra also held that nobody could stake any claim with respect to management or any other propriety rights in a temple since “no temple can be a private temple”.

“How can a temple belong to an individual or private parties? Which temple in India belong to a private person? Let everything be regulated…,” the bench said while recording the government’s submission that the scheme would be placed on record within eight weeks.

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The court made it clear that nobody, including the pujaris, could assert perpetual rights over management of temples since all temple premises belonged to the deity.

“A temple is a public premise. It is for public and pujaris are the only trustees. Deity is at the top, trustees in the middle and worshipers at the end of this structure. Only the deity has an unwavering right over the temple,” the court noted.

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The court accepted the submission by Additional Solicitor General P S Narsimha that a temple where public offerings are made cannot belong to a private party and that the affairs at temples should be organised in accordance with a scheme.

The ASG, appearing for the Delhi government, said the blueprint of the scheme was ready, whereby a committee comprising the stakeholders could regulate temples’ management and decide upon several aspects, including the tehbazari rights and other entitlements with respect to temple property.

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The court was hearing a batch of petitions relating to Kalkaji temple, wherein the rights of pujaris, shopkeepers and others have come under the scanner. The ASG told the bench that the temple and its properties belonged to a trust and not to sect of pujaris.

It was in the course of hearing this petition that the bench had sought to know from the Delhi government whether they were contemplating a legislation to regulate such temple and if not, how they proposed to manage their affairs so that nobody stakes claim to what belonged to deities.

The bench also wanted to know how and why “the administration had remained a silent spectator when so much encroachment had been made on the land and under what circumstances the pujaris are accepting the rent from tenants.”

First uploaded on: 26-08-2014 at 01:56 IST
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