Punjab and Haryana High Court orders inquiry into management of land assigned to temples, gurdwaras

The Punjab and Haryana High Court recently ordered the governments of Punjab and Haryana to constitute High Powered Committees to inquire into the management of muafi (revenue-free) lands assigned to various Hindu and Sikh communities for building temples and gurdwaras [Mandir Shri Satya Narayan v. State of Punjab And Others]..A Bench of Justices Sureshwar Thakur and Lalit Batra ordered the Committees to see whether there is a well-established system for appointment of Mohatmims/Shehbits (managers acting on behalf of the idol inside the temples) or Granthis (custodians of the Guru Granth Sahib) at such religious places.The custodians are to ensure the performance of daily rituals inside Sikh gurdwaras or Hindu temples and proper maintenance of the properties and their incomes, stressed the Court.It further remarked that there was no “well formed government machinery” to streamline the “able workings” of muafi lands or such properties that have been assigned to religious communities..The Court further said that there was an apprehension that income accruing from temples, gurdwaras or deras on such muafi land was being misappropriated.Thus, it ordered the Additional Chief Secretary, Revenue of each state government to constitute three-member High Powered Committees..The agenda for the Committee is as under:.The Court passed the directions on a petition filed by the Mohtamim (petitioner) of Mandir Shri Satya Narayan. He had challenged the refusal of revenue authorities to declare him as the owner of the land recorded in the name of Nagar Panchayat. The temple name was shown in the column of cultivation in the revenue records. Looking into the record, the Court found that the predecessor-in-interest of the petitioner was only holding independent cultivating possession over the land..It was also noted that there was no challenge to the land being recorded as 'for common use' by the village body. “Consequently, in derogation of the interest of the temple, neither one Des Raj as Mohmim nor the instant petitioner, who is the purported Mohtmim of the temple, thus can stake an independent right of ownership over the disputed lands," the order stated.The Court further explained that a Shehbit or a Mohtmim does not become owner of the land which he otherwise cultivates on behalf of the idol. Moreover, it said that the post is not hereditary, and only the Collector can sanction succession of heirs..In the present case, the Court found that the Mohtmim was prosecuting the suit only to ensure that he became the lawful owner of the temple and the cultivable land. It also questioned his appointment as Mohtmim.Consequently, the Court ordered the District Collector to ensure that there is no management of funds of the temple and that the daily rituals are performed in accordance with the Hindu texts.It further directed the Collector to appoint a Mohtmim or a Shehbit of the minor deity inside the temple..Advocate Veneet Sharma represented the petitioner.Deputy Advocate General Maninder Singh represented the State of Punjab.Advocates Nanda Jindal, Tushar Sabherwal and ML Saini represented other respondents..[Read Order]