Delhi High Court Rules Naga Sadhus Cannot Claim Property Rights, Rejects Plea for Shrine Demarcation [Read Judgment]

New Delhi: The Delhi High Court has ruled that Naga sadhus, who are ordained to live a life of complete detachment, cannot seek property rights in their names, as it contradicts their beliefs and practices. This decision came while rejecting a plea for the demarcation of a property in the name of a Naga sadhus shrine.

Justice Dharmesh Sharma noted, Naga sadhus are devotees of Lord Shiva and they 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.

The Court further stated that allowing sadhus, babas, fakirs, and gurus to build shrines or samadhi sthals on public land would have disastrous consequences. In our country, we might find thousands of Sadhus, Babas, fakirs or Gurus in different parts of the landscape and if each one is allowed to build a shrine or samadhi sthal on a public land and thereby, continue to use it for personal gains by the vested interest groups, that would lead to disastrous consequences jeopardizing larger public interest," the Court said.

This observation was made during the hearing of a plea filed by Avinash Giri, the successor of Mahant Shri Naga Baba Bhola Giri, who sought a direction to the local administration to demarcate land at Ghat No 33, Triveni Ghat, Nigambodh Ghat, Jamuna Bazar in the petitioners name, as it had been in their possession since 1996.

The Court was informed that on February 22, 2023, officials from the Flood Control and Irrigation Department of the Delhi government demolished various jhuggies and buildings in the area, posing a threat to the Shrine of Naga Baba Bhola Giri.

Justice Sharma held that the petitioner is a rank trespasser and that the property was intended for the larger public interest, such as the rejuvenation of the Yamuna river. It appears that the petitioner has constructed two rooms with a tin shed and other amenities at the site, besides a Shrine of the revered Baba, who died in the year 1996. But then, there is nothing on the record to suggest that the place is of any historical significance or dedicated to the public for worship or for offering prayers to the revered deceased Baba, the Court noted.

According to the records, there were only 32 historic ghats in the area, and the petitioner attempted to misrepresent the land as Ghat No 33. The Court concluded that there was no evidence to suggest that the shrine was of historic importance or devoted to the public.

Advocates Kamlesh Kumar Mishra, Renu, Manya Mishra, and Dipak Raj Singh represented the petitioner. The Delhi government was represented by additional standing counsel Udit Malik and advocate Vishal Chanda, while standing counsel Shobhana Takiar, along with advocates Deeksha L Kakar, Kuljeet Singh, Akansha Choudhary, and Razia, appeared for the DDA.

Case title: Mahant Shri Naga Baba Bhola Giri through his successor Avinash Giri v. District Magistrate District Central and Ors 

[Read Judgment]