Himachal Pradesh High Court
Shri Naina Devi Temple vs State Of H.P. & on 7 August, 2018
Bench: Sanjay Karol, Ajay Mohan Goel
CWP No. 1834 of 2018 .
07.08.2018 Present: Mr.B.C.Negi, Sr.Advocate with Mr.Nitin Thakur, Advocate, for the petitioner.
Mr.Ashok Sharma, Advocate General with M/s Ranjan Sharma, J.K. Verma, Adarsh Sharma, Ms.Rita Goswami, Nand Lal Thakur, Addl. AGs., for the respondents-State.
Mr.V.B. Verma, Central Government Counsel, for respondent No.13.
CMP No. 7461 of 2018
r Allowed and disposed of.
CWP No. 1834 of 2018 & CMP No.7462 of 2018 As orally prayed for, memo of parties is corrected as under:-
(i) Respondent No.1, shall be through the Chief Secretary to the Government of Himachal Pradesh;
(ii) Principal Secretary (Language & Culture) to the Government Himachal Pradesh, shall be read as respondent No.1(a).
(iii) Principal Accountant General, Himachal Pradesh, is impleaded as party respondent No.13.
(iv) Nomenclature "Deputy Commissioner" shall be substituted with that of "Commissioner", Temples and Endowments.
2. Registry is directed to carryout necessary corrections in the memo of parties.
3. Notice. Mr.Nand Lal Thakur, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents-State. Also, Mr. V.B. Verma, ::: Downloaded on - 08/08/2018 23:02:42 :::HCHP 2 learned Central Government Counsel, appears and waives .
service of notice on behalf of newly added respondent No.13.
4. Mr.Ashok Sharma, learned Advocate General, states that he be granted time to obtain instructions.
Prayer allowed.
5. We notice the object of the Statute in question is to protect and preserve the properties pertaining to religious institutions and endowments. The Himachal Pradesh Hindu Public Religious Institutions and Charitable Endowments Act, 1984 (hereinafter referred to as the Act), which came into force w.e.f. 13.07.1984, inter alia, contains the following provisions in Sections 17, 22 and 23, relevant portions whereof are reproduced as under:-
"17. Authority of trustee to incur expenditure for securing the health, safety or convenience of pilgrims and worshippers.- The trustee of a Hindu Public Religious Institution and Charitable Endowment may, out of the funds in his charge, after satisfying adequately the purpose of the institution or endowment, as the case may be, including the proper performance of puja and other rituals, incur expenditure,-
(a) For propogation of Hindu religion and faith according to the tenets of the religious institution;
(b) For establishment and maintenance of the educational institutions;
(c) For training of vidyarthies; and
(d) For securing the health, safety and convenience of disciples, pilgrims and worshippers visiting the institution or endowment."::: Downloaded on - 08/08/2018 23:02:42 :::HCHP 3
"22. Budget of religious institutions and .
charitable endowments.-(1) The trustee of a Hindu Public Religious Institution and Charitable Endowment, shall before the end of December, in each year, submit to such authority and in such form and manner as may be prescribed by the Government, a budget showing the probable receipts and disbursement of the Hindu Public Religious Institution and Charitable Endowments during the following financial year. (2) Every such budget shall make adequate provisions for:-
(a) the scale of expenditure for the time being in force and customary expenditure;
(b) the due discharge of all liabilities binding on the institution and endowment;
(c) expenditure on religious, educational and charitable purposes not inconsistent with the objects of the institutions;
(d) for the encouragement and the spread of religious instructions according to the tenets of the religious institution;
(e) expenditure on the repairs and renovations of the buildings and preservation and protection of the properties and assets of the Hindu Public Religious Institution and Charitable Endowment; and
(f) the amount of expenditure that may be incurred by a trustee under section 17. (3) ................
(4) ................
(5) .................."
"23. Accounts.- (1) The trustee of every Hindu Public Religious Institution and Charitable Endowment shall keep regular accounts of all receipts and disbursements. Such accounts shall be kept for each calendar year separately in such form and shall contain ::: Downloaded on - 08/08/2018 23:02:42 :::HCHP 4 such particulars as may be specified by the .
Commissioner.
(2) ...............
(3) Every auditor conducting the audit under subsection (2) shall have access to the accounts and to all books, vouchers, other documents and records in possession of, or under the control of, the trustee. The trustee shall provide to such auditor all facilities for such access."
6. Further, by virtue of sub-section (3) of Section 1 and Section 29 of the Act, State Government is empowered to amend Schedule-I of the Act. Relevance of Schedule-I being, applicability of the provisions of the Act to such of those religious institutions and charitable endowments, which stand included therein. In the Schedule, as on date, 36 such institutions stand included.
7. We notice that the income generated from at least 12 temples alone, in the last 10 years, has been more than `3,61,43,94,341/-. This is an official figure, so prepared by the Department of Language & Culture, Himachal Pradesh (Annexure P-3). The issue which really arises for consideration is as to whether this amount really stands spent for fulfilling the object of the Statute and more specifically provisions of Section 17 of the Act.
8. Taking into consideration the averments made in the present petition, we direct all the Commissioners to file their personal affidavits stating, in a tabulated form the following information for last five years:-
::: Downloaded on - 08/08/2018 23:02:42 :::HCHP 5(1) Number and name of the temples under their .
jurisdiction;
(2) The total income generated from each one of such temples in the last ten years;
(3)Whether any activity envisaged under Section 17 of the Act is being carried out at all or not; (4) If so, amount so spent with respect to the same. (5) Whether any amount stands diverted for use of any purpose/activity other than the one stipulated under the Act;
(6) The details of the staff employed with respect to each one of the institutions and the amount spent towards their salary;
(7) The amount spent for the maintenance and upkeep of the sanctum sanctorum of each one of the temples;
(8) Whether the provisions of Section 4 of the Act are being strictly complied with or not;
(9) The mechanism adopted for safe keeping of the offerings of the devotees, some of which, find mentioned in Section 6 of the Act;
(10) Whether trustees appointed are in consonance with the provisions of Section 18 of the Act;
(11) Whether any action stands taken against any one of the trustee or pujari in consonance with the provisions of Section 19 of the Act or not, be it for whatever reason, including disqualification entailed under Section 20 of the Act;
(12) The budgetary allocation, in terms of Section 22 of the Act, so made with regard to each one of the institutions under their jurisdiction; (13) Whether the accounts under Section 23 of the Act stand audited or not; and (14) The action taken, if any, for removing encroachments under Section 15 of the Act.
::: Downloaded on - 08/08/2018 23:02:42 :::HCHP 69. Such affidavits shall be filed by all the Deputy .
Commissioners, State of Himachal Pradesh, in their capacity as Commissioners of different temples falling in Schedule-I, under their jurisdiction.
10. Further, repetitive though it may sound, we notice that temples (District Wise), falling in the Schedule, are as under:
r District Bilaspur
1. Shri Naina Devi Temple, Naina Devi
2. Shri Shahtalai Group of Temples:
(i) Main Mandir Baba Balak Nath, Shah Talai
(ii) Second Temple Baba Balak Nath, Shah Talai
(iii) Temple of Vat Vriksh, Shahtalai
(iv) Temple Gurna Jhari, Shahtalai
3. Group of Temples, Bilaspur:
(i) Shri Hanuman Mandir, Diara
(ii) Shri Laxmi Narayan Mandir, Diara
(iii) Shri Baba Nahar Singh, Dhollera Mandir,
Bilaspur.
(iv) Shri Maharishi Ved Vyas Goofa Mandir
Lakshmi
4. Maharishi Shri Markandey Temple, Makri (Markand) and Shiv Mandir, Makri, Tehsil Sadar, Bilaspur.
District Chamba
5. Narayan Temple at Chamba
6. Sh. Manimahesh, Bharmour Group of Chaurasi Temple, Bharmour
(i) Har Har Mahadev Temple, Manimahesh
(ii) Ganpati Temple
(iii) Dharmeshwar Maharaj Temple
(iv) Lakhna Mata Temple
(v) Narsingh Maharaj Ji Mandir
(vi) Bharmani Mata Mandir Malkauta ::: Downloaded on - 08/08/2018 23:02:42 :::HCHP 7
(vii) Mahakali Mata Temple Banni Sarautha .
(viii) Shiv Mandir Manimahesh Dhar Heg
7. Shri Devi Manidhal Vasni Temple, Pangi District Hamirpur
8. Baba Balak Nath Temple, Deotsidh
9. The Seva Bharti Shanidev Temple Sarli.
District Kangra
10. Jawalamukhi Temple at Jawalamukhi r Shri Tedha Mandir Jawala Ji.
11. Shri Ram Gopal Mandir, Damtal
12. Shri Brajeshwari Devi Temple at Kangra
13. (i) Shri Badri Vishal Via Atterian and
(ii) Shri Nar Singh Temple, Nagrota Surian
14. Shri Ashta Bhuja Mata Temple, Bohan near Jawalamukhi, Tehsil Dehra Gopipur
15.(i) Shri Chamunda Nandikeshwar Mandir and
(ii) Maa Shri Aadi Himani, Chamunda Mandir.
16. (i) Durveshwar Mahadev Temple and
(ii) Bhagsu Nag Temple at Dharamshala
17. Temples of Baijnath Sub Division:
(i) Shri Shiv Mandir, Baijnath
(ii) Shri Mahakal Mandir, Mahakal, Baijnath.
District Mandi
18. Shri Hanogi Mata Mandir, Hanogi, Sub Tehsil, Aut.
19. Shri Mahamritunjai Temple, Mandi Sadar.
20. Shri Nabahi Devi Mandir, Sarkaghat.
District Shimla
21. Tara Devi Temple at Tara Devi, Shimla ::: Downloaded on - 08/08/2018 23:02:42 :::HCHP 8
22. Bhima Kali Group of Temples .
(i) Shri Bhima Kali Ji Temple, Sarahan
(ii) Shri Raghunath Ji
(iii) Shri Nar Singh Ji
(iv) Shri Lankda Devta Ji
(v) Shri Durga Mata Mandir (Kot Kali Mata)
Krangla
23. Hanuman Temple at Jakhoo, Shimla
24. Durga Mata Temple at Hatkoti, Jubbal.
25. Located at Rampur Bushehar
(i) Shri Ajodhya Nath Temple
(ii) Shri Bodh Mandir (Dhumgir)
(iii) Janki Mata Gufa Temple
(iv) Shri Raghunath Ji Bara Akhara/Lambu Akhara
(v) Shri Narsingh Ji Temple
26. Duttatraya Swami Temple located at Duttnagar, Shimla.
27. Durga Temple, Sharai Koti, Tehsil Rampur.
28. Shri Sankat Mochan Temple, Taradevi, Shimla.
29. Shri Devta Bijat Maharaj Mandir, Sarahan, Tehsil Chopal.
District Sirmaur
30. Shri Thakur Dwara Dei Ji Sahiba, Paonta
31. Shri Mahamaya Bala Sunderi Ji, Trilokpur Mandir District Solan
32. Shri Shulani Mata Mandir, Solan District Una
33. Shri Chintpurni Temple at Chintpurni
34. Shri Mahashiv Mandir Shivbadi (Ambota) District Kullu ::: Downloaded on - 08/08/2018 23:02:42 :::HCHP 9
35. Shri Kusumba Bhavani Temple Khegsu, Gram Panchayat Dalash, Tehsil Anni, .
Distirct Kullu.
District Lauhal & Spiti
36. Bhagwan Shri Trilokinath Temple Udaipur.
11. The Act envisages the Government to appoint Commissioner(s), professing Hinduism, upon whom vests the duty of overall superintendence and control of the Institution/Endowment. {Sections 4 & 5}
12. Every offering and property of the Institution/ Endowment is necessarily required to be accounted for, in such manner as may be prescribed {Section 6}.
Significantly, there has to be annual verification thereof.
The Act prescribes certain duty and role to be performed by the Trustee(s) of such Institution. Equally, they are under an obligation to inspect the properties. No property can be alienated, save and except for fulfilling the objects as also advancing the objects and purposes for which the statute is enacted. In fact, by virtue of Section 14, the Commissioner is under an obligation to recover such of the properties which stand alienated and by virtue of Section 15, he is empowered to take action for removal of encroachments/ unauthorized possession.
13. Income generated to the tune of `361 crores, only from 12 temples, and that too in the State of Himachal Pradesh, is quite substantial. Whether such income is actually utilized for fulfilling the objects of the ::: Downloaded on - 08/08/2018 23:02:42 :::HCHP 10 Act or not is a matter which, apart from different .
Commissioners, we find the Chief Secretary to the Government of Himachal Pradesh, must respond to.
14. If the object envisaged, more specifically under Section 17 of the Act, is to be achieved, then is it not possible for the State to consider taking over of certain Institutions, which are in and around the periphery of the notified institutions for imparting training or for that matter associate with other Institutions of same religious faith, where similar activity is being carried out and objects pursued or for that matter even take certain other small similar Institutions, wherever it is so voluntarily required and desired, within its fold, for proper upkeep and maintenance thereof.
15. Also to carry out activities in such a manner as would truly and faithfully, propagate true and correct spirit of Hinduism, in eradicating social evils prevalent in the society, moreso on the basis of superstitions. Article 25 of the Constitution of India confers rights on all persons to profess, practice and propagate religion. This, however, is subject to public order morality and health.
Also, Part-IV and Part-IVA of the Constitution of India mandate, inter alia, promoting harmony and spirit of common brotherhood amongst all people of India, transcending religious diversity. Special endeavour is required to promote and take care of the socially deprived ::: Downloaded on - 08/08/2018 23:02:42 :::HCHP 11 and backward people, so also to protect them from social .
injustice and all forms of exploitation. Whether all the temples, covered under Schedule-1, have taken steps for assuaging and ameliorating the pain and sufferings of the socially and economically deprived members of the community professing the faith of Hinduism or not needs to be examined and explained.
16. Perhaps the Institutions can also have their own demarcated area which can be fenced (commonly known as "pond") for housing deserted and stray animals, be it cattle/cows, dogs, etc. Perhaps, these Institutions can think of having certain areas demarcated, for the purpose of carrying out plantation of different varieties of edible fruits or have some other vegetative growth, so as to enable the wild animals sustain themselves. This itself can be in the spirit of directive principles and fundamental duties enshrined in the Constitution of India. One cannot be oblivious of the fact that with rapid urbanization of the rural areas, monkey menace has increased manifold and quite often, fields are allowed to remain fallow, for the crops cultivated are destroyed by them and other wild life.
The Chief Secretary shall deal with all these aspects in his affidavit, which be filed before the next date.
17. Further in the interregnum, we direct that no amount of the temples/endowments mentioned in Schedule-I, shall be spent for any purpose other than ::: Downloaded on - 08/08/2018 23:02:42 :::HCHP 12 achieving the objects of the Act and more specifically the .
provisions of sub-section (1) of Sections 5 and 17 of the Act;
18. List on 13.08.2018, alongwith CWPIL No.88 of 2018, titled as Court on its own motion vs. State of H.P. & others.
Authenticated copy.
(Sanjay Karol),
r Acting Chief Justice.
(Ajay Mohan Goel),
August 7, 2018 Judge.
(Purohit)
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