Naga sadhus are detached from world; cannot seek property rights in their name: Delhi High Court

Naga sadhus are ordained to live a life of complete detachment and seeking property rights in their names does not conform to their beliefs and practices, the Delhi High Court said while rejecting a plea seeking demarcation of a property in the name of the shrine of a Naga sadhu [Mahant Shri Naga Baba Bhola Giri through his successor Avinash Giri v District Magistrate District Central and Ors]..“Making no attempt to write a thesis on the way of life of Naga sadhus, as we understand in the Hindu religion, 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,” Justice Dharmesh Sharma observed.The Court said that there are thousands of sadhus, babas, fakirs, and gurus in different parts of the landscape, and if every one of them is allowed to build a shrine or samadhi sthal on public land, it will 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. .The Court made the observation while dealing with a plea filed by Avinash Giri, the successor of Mahant Shri Naga Baba Bhola Giri.A direction was sought to the local administration to demarcate the land situated at Ghat No 33, Triveni Ghat, Nigambodh Ghat, Jamuna Bazar in the name of the petitioner as the same has been in their possession since the year 1996.The Court was told that on February 22, 2023, the officials of the Flood Control and Irrigation Department of the Delhi government demolished various jhuggies and other buildings in the vicinity of the property in question and now there was an imminent threat of demolition of the Shrine of Naga Baba Bhola Giri..Justice Sharma considered the case and held that the petitioner is a “rank trespasser” and the property in question was meant for larger public interest like the rejuvenation of the Yamuna river.“It appears that the petitioner has constructed two rooms with tin shed and other amenities at the side, 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.It said that as per the records, there were only 32 historic ghats in the area and the petitioner has attempted to give a new twist to the story by mentioning the land where he is located as Ghat No 33.The Court concluded that there was not even an iota of evidence to suggest that the shrine was a place of historic importance and devoted to the public at large..Advocates Kamlesh Kumar Mishra, Renu, Manya Mishra and Dipak Raj Singh appeared for the petitioner.Delhi government was represented through its additional standing counsel (ASC) Udit Malik and advocate Vishal Chanda.Standing Counsel Shobhana Takiar along with advocates Deeksha L Kakar, Kuljeet Singh, Akansha Choudhary and Razia appeared for the DDA. .[Read Judgment]