HC junks plea to allot land for shrine of seer citing ‘ widespread misuse’

The Delhi high court dismissed a plea seeking the demarcation of a seer’s shrine on public land in Delhi, highlighting the potential for “widespread misuse” if such allowances were made for all spiritual leaders. The court emphasised the critical need to prioritise public interest over individual claims to public property.

In an order passed on Friday, justice Dharmesh Sharma underscored the broader implications of allowing religious structures to proliferate on public land.

“In our country, we might find thousands of sadhus, babas, fakirs, or gurus across... If each one is allowed to build a shrine or samadhi sthal on public land and continue to use it for personal gains by vested interest groups, it would lead to disastrous consequences, jeopardising larger public interest,” justice Sharma held.

The plea was filed by Avinash Giri, the successor of Mahant Shri Naga Baba Bhola Giri, requesting the district magistrate of Daryaganj to demarcate a shrine situated at Nigambodh Ghat. Giri claimed possession of the shrine since 2006 and expressed concerns over its potential demolition, following the demolition of nearby structures by the flood control and irrigation department of the Delhi government.

Representing the Delhi Development Authority (DDA), additional standing counsel Shobhana Takiar argued that the shrine was situated on DDA-owned land. The court noted that there was no evidence to suggest that the shrine held any historical significance or was dedicated to public worship.

“Since the petitioner has placed no iota of evidence the shrine is a place of historic significance and devoted to the public at large, the DDA is not enjoined upon to give any notice to the petitioner,” the bench said.