In a landmark decision, the Delhi High Court declared that Naga sadhus, who commit to a life of detachment from worldly possessions, cannot claim property rights in their name. The ruling came in response to a plea for demarcating a property for the shrine of Mahant Shri Naga Baba Bhola Giri.
Justice Dharmesh Sharma emphasized that Naga sadhus, as followers of Lord Shiva, are expected to live a life free from material attachments. Granting them property rights contradicts their spiritual vows and practices. The court underscored the broader implications of such claims, stating, “Allowing every sadhu, baba, fakir, or guru to establish shrines on public land would lead to disastrous consequences, undermining public interest.”
The plea, filed by Avinash Giri, the successor to Naga Baba Bhola Giri, sought official demarcation of land at Ghat No 33, Triveni Ghat, Nigambodh Ghat, Yamuna Bazar, asserting long-term possession since 1996. The petitioner argued that recent demolitions by the Flood Control and Irrigation Department threatened the shrine’s existence.
Justice Sharma, however, found the petitioner to be a “rank trespasser,” noting that the property was intended for the public good, specifically for the rejuvenation of the Yamuna river. The court observed that the structures built by the petitioner lacked historical significance and public dedication.
The decision highlighted the need for maintaining public land for communal benefit rather than personal use by vested interest groups. Advocates for the petitioner included Kamlesh Kumar Mishra, Renu, Manya Mishra, and Dipak Raj Singh. The Delhi government was represented by additional standing counsel Udit Malik and advocate Vishal Chanda, while the DDA’s legal team comprised Shobhana Takiar, Deeksha L Kakar, Kuljeet Singh, Akansha Choudhary, and Razia.
