The recent clarification from the Rajasthan High Court emphasizes that compensation for land acquired from temples should be directed to the account of the Commissioner of the Devasthan Department. This directive stems from the state's obligation to uphold the rights of temples and acknowledges the Commissioner's role as a custodian of charitable endowments. The ruling underscores that temples registered as 'Public Trusts' entitle the Devasthan Department to receive such compensation.

The Division Bench, consisting of Dr. Justice Pushpendra Singh Bhatti and Justice Munnuri Laxman was adjudicating on a Public Interest Litigation (PIL) filed by the President of the Trust responsible for managing the temple. The petitioner contended that compensation granted for the allocation of alternative land to non-governmental temples in the state should have been directly disbursed to these temples or their respective trusts.

The court further emphasized that since the temple in question is registered as a Public Trust under Section 2(11) of the Rajasthan Public Trust Act, 1959, Section 37 of the Act is directly applicable. According to these provisions, the Devasthan Commissioner assumes the role of the 'Treasurer' of the temple, responsible for receiving charitable endowments as outlined in Section 2(3) of the Act.

The court further noted that the commissioner appointed under Section 7 of the Act would only utilize the compensation amount based on the recommendations of the Committee established for this purpose. Additionally, the Commissioner will oversee the allocation of land to the temple from relevant entities like the Nigam, Panchayat, and Development Authority. The Committee, chaired by the District Collector, consists of four other members.

The court highlighted that Chapter IX of the 1959 Act empowers the Commissioner and Assistant Commissioner with the authority to exercise control over public trusts. This includes the power to request or demand statements, accounts, or reports from the working trustee or other trustees.

The court also mentioned the relevance of a circular dated 11.06.2020 issued by the Revenue Department of the state. According to this circular, compensation for temple land acquisition by the state should not be received by the pujaree or trustee, who serves as a caretaker. Instead, it should be deposited with the respective Devasthan Department. Notably, the petitioner in the writ did not challenge the validity of this circular.

In the said matter, the petitioner was the President of a registered Trust, specifically, Shri Mahadev Ji Mandir (Matha) located in Village Jajiwal Bhatiyan, Jodhpur. In 2020, a Gazette notification was issued for the acquisition of various lands, including those belonging to the trust, for the construction of a ring road around the city. Although a compensation award was issued in 2021, the amount was not transferred to the Trust's account.

In this writ petition, the President of the Trust challenged the order issued by the Land Acquisition Officer on 19.01.2015, which directed that the compensation amount would be released into the account of the Commissioner of the Devasthan Department. Additionally, the Trust President contested a similar order issued by the Devasthan Department itself at a later date.

Advocate Moti Singh represented the President of the Temple Trust. AAG Manish Patel appeared for the respondent state.

Case Title: Partap Ram v. State of Rajasthan & Ors.

Case No: D.B. Civil Writ Petition No. 11499/2022