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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN, JJ.
Partap Ram S/o Ramu Ram – Appellant
Versus
State Of Rajasthan – Respondent
D.B. Civil Writ Petition No. 11499 of 2022
Decided on : 20-04-2024
PUBLIC INTEREST LITIGATION - COMPENSATION FOR LAND ACQUISITION OF TEMPLE LAND - Rajasthan Public Trust Act, 1959; National Highway Act, 1956; Land Acquisition Act, 1894; Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The court discussed the provisions of the Rajasthan Public Trust Act, 1959, particularly Sections 7 and 37, which establish the Devasthan Commissioner as the Treasurer of charitable endowments and outline the management of public trusts. The court interpreted these provisions to affirm that the compensation for land acquisition must be deposited with the Devasthan Department, which would manage the funds for the benefit of the temple. The court concluded that the petitioner, as a trustee, does not have the right to claim the compensation directly, as the temple is considered a perpetual minor, and the state has a duty to protect its interests.
Fact of the Case:
The petitioner, President of a registered Trust managing Shri Mahadev Ji Mandir, sought to quash orders from the Devasthan Department that withheld compensation for land acquired under the National Highway Act, 1956. The petitioner argued that the Trust, not being government-managed, was entitled to the compensation directly.
Finding of the Court:
The court found that the compensation for the land acquisition was rightly withheld by the Devasthan Department, as per the provisions of the Rajasthan Public Trust Act, 1959, and relevant government circulars. The court emphasized that the compensation must be managed by the Commissioner for the benefit of the temple, as the temple is a perpetual minor.
Issues: Whether the petitioner, as a trustee of a public trust, is entitled to receive compensation directly for land acquisition, or if such compensation must be managed by the Devasthan Department as per the applicable laws.
Ratio Decidendi: The court held that under the Rajasthan Public Trust Act, 1959, the Devasthan Commissioner acts as the Treasurer of charitable endowments, and thus, the compensation for land acquisition must be deposited with the department for proper management and utilization for the temple's benefit. The temple's status as a perpetual minor further supports the need for state oversight in managing its assets.
Final Decision: The court dismissed the petition, affirming that the compensation for the land acquisition would remain with the Devasthan Department, which would utilize it for the temple's benefit as per the established legal framework.
JUDGMENT :
Per Dr. Pushpendra Singh Bhati, J:
1. This writ petition as Public Interest Litigation (PIL) under Article 226 of the Constitution of India has been preferred claiming the following reliefs:
a) That by an appropriate writ, order and direction the order dated 19.01.2015 (Annexure-8) passed by Deputy Secretary, Administrative Reforms Department, and the order dated 25.02.2015 (Annexure-9) passed by Additional Chief Secretary, Devsthan Department may kindly be declared illegal, arbitrary and without jurisdiction further same may kindly be quashed and set aside.
b) That by an appropriate writ, order and direction the respondent may kindly be directed to release all kind of the withhold amount which is deposited against the compensation of the acquisition of the land of non-government temples of any part/region of the State and further the State Authority may kindly be directed to grant the compensation against any acquisition to the non-Government Temples personally or their trust which is working for management and administration of the temple.
c) That by an appropriate writ, order and direction the amount awarded by the Land Acquisition Officer, Jodhpur in pursuance of the award no.79 dated 25.05.2021 (Annexure-6) against the acquisition of the land of Shri Mahadev Ji Temple (Doli Mandir Shri Mahadev Ji) at Village Jajiwal Bhatiyan may kindly be released in favour of the Temple or the Trust working for management of the temple, the interest upon such amount from the date of award to till realization may also be awarded.
d) That by an appropriate writ or direction may kindly be issued and respondent Devsthan Commissioner may kindly be directed to submit the entire details before this Hon’ble Court of the deposit amount in his account in terms of the compensation against the acquisition of land of non-government temple and the details of the land which is purchased for any temple according to the orders dated 19.01.2015 and 25.02.2015.
e) That the any other relief, which this Hon’ble Court deems fit to protect and maintained the healthy judicial system in State of Rajasthan, by which the petitioner may get full justice may also be allowed.
f) That the present graves the liberty to raise any other point at the time of hearing in the court.”
2. Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the petitioner is working as President of a Trust, namely, Shri Mahadev Ji Mandir (Matha), Village Jajiwal Bhatiyan, District Jodhpur and the said trust was registered as Public Trust vide order dated 16.11.2007 passed by the Assistant Commissioner, Devsthan Department, Jodhpur under Rajasthan Public Trust Act, 1959 (hereinafter referred to as ‘Act of 1959’). After the said registration, the management of the aforesaid Temple was handled by the Trust Committee, including the bank account and audit report.
2.1. Thereafter, on 26.06.2020, a Gazette Notification was published under the National Highway Act, 1956 for construction of Ring Road around the Jodhpur City, and pursuant to the same, the land acquisition proceedings were also initiated, as regards certain lands, including the Trust land and compensation award was also passed on 25.05.2021 by the concerned authority, in lieu of the said acquisition of lands, but as regards the Trust, the awarded compensation amount was not transferred in its account.
2.2. In such circumstances, the petitioner submitted an application before the Land Acquisition Officer for release of the compensation amount towards acquisition of the Trust land. In the said application, an order dated 19.01.2015 was passed by the Land Acquisition Officer stating therein that the compensation amount would be released and deposit
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