Allahabad High Court Upholds Eviction Orders for Shops on Shri Krishna Janmbhumi Premises

Court Affirms Exemption of Public Religious Institutions from U.P. Urban Buildings Act; Orders Expedited Conclusion of Pending Eviction Suits

In a significant judgment, the Allahabad High Court has dismissed three writ petitions challenging eviction orders related to shops situated within the premises of Shri Krishna Janmbhumi, Mathura. Justice Rohit Ranjan Agarwal delivered the judgment, affirming the exemption of the Shri Krishna Janmbhumi Trust and Shri Krishna Janmsthan Seva Sansthan from the applicability of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.

The petitions, filed under Article 227 of the Constitution, contested the eviction proceedings initiated by the Shri Krishna Janmbhumi Trust and its associated society, Shri Krishna Janmsthan Seva Sansthan. The petitioners, Ashok Raghav and others, had questioned the legal authority of the Secretary of the society to initiate eviction suits and claimed that the properties did not qualify as public charitable or religious institutions.

The court, however, upheld the concurrent findings of the lower courts, confirming that the buildings in question belong to public charitable and public religious institutions, thus exempting them from the operation of the U.P. Urban Buildings Act. The court also dismissed technical objections raised by the petitioners regarding the authority of the Secretary, Kapil Sharma, to institute proceedings, noting that the society's bylaws empower him and the Joint Secretary to contest litigations.

Justice Agarwal emphasized the necessity of clearing the shops within the temple premises due to the influx of devotees, noting that the petitioners had continued occupancy despite the expiration of their licenses. The court directed the trial court to expedite the disposal of pending suits, namely S.C.C. Suit No. 9 of 2000 and S.C.C. Suit No. 14 of 2002, within two months.

The judgment reinforces the legal recognition of Shri Krishna Janmbhumi Trust and Shri Krishna Janmsthan Seva Sansthan as public religious and charitable entities, aligning with the objectives outlined in their founding documents. This decision marks a crucial step in the ongoing efforts to manage the temple premises, ensuring better accessibility for devotees.

Bottom Line:

Issues involving eviction proceedings and the applicability of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 concerning public religious and charitable institutions.

Statutory provision(s): U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, Section 2(bb); Societies Registration Act, 1860, Sections 5, 6, 7.

Ashok Raghav v. Shri Krishna Janam Sewa Sansthan, (Allahabad) : Law Finder Doc Id # 2809444