Interim stay on Collectorate construction

A division bench granted the interim stay on a PIL moved by Rangarajan Narasimhan challenging the order alienating 35 acre of drylands belonging to the temple to the government against HR&CE rules.

The petitioner appearing party-in-person submitted that only trustees of religious institutions can take such policy decisions to alienate immovable properties of temples. Upon receipt of the proposal, the HR&CE Commissioner is required to invite objections and suggestions and take a decision to accept or reject the proposal. Thereafter, any approval must precede with a Government Order.

Pointing out that the whole process was disregarded, petitioner also submitted that though public hearing was called to receive objections on October 29, the CM laid the foundation stone even before hearing could be held.

When the bench sought to know as to whether the sale amount of the land would be deposited into the temple’s account for its welfare, the HR&CE counsel submitted that it has been decided not to alienate but only lease out 35 acre while the land would continue to be in the temple’s name. The lease amount increased every three years, the court was told. Following government pleader’s submission to a query that only temporary roads have been laid and makeshift huts erected for workers, the bench directed the State and HR&CE Department to file reply by December 9 and stayed construction activities till then.