The Supreme Court has ruled that the government cannot accept temple inam land transferred without consideration, holding that the income and property rights associated with such land belong to the deity and cannot be surrendered for public projects without lawful compensation.
The ruling arose from a dispute in Tamil Nadu, where a trustee had executed a gift deed transferring about 1.25 acres of temple land in the name of the district collector. A gram panchayat office was subsequently built on the site. After the Madras High Court dismissed a petition challenging the transfer, devotees approached the Supreme Court.
A bench comprising Justice Pamidighantam Narasimha and Justice Alok Aradhe held that the government’s acceptance of the land without payment was illegal, according to the report. The decision places limits on the ability of temple committees or trustees to transfer immovable trust property to the state, even when the proposed use is a public facility.
The court directed that if the government requires the site for public work, rent should be fixed at the prevailing market rate and increased periodically. It also ordered that arrears of rent from 2019 be paid to the temple trust. The direction treats the land as an income-generating trust asset rather than as property that can be made available to the government without compensation.
The ruling is significant for the administration of religious and charitable trust properties because public agencies frequently require land for offices, roads, civic facilities and other infrastructure. The decision indicates that a public purpose by itself does not remove the legal obligation to protect the property and revenue rights of the deity or trust.
In Maharashtra, the judgment could affect the interpretation of provisions under Section 36(A) of the Maharashtra Public Trusts Act. That provision concerns the execution of gift deeds involving trust immovable property with the permission of the charity commissioner. The report quoted Shivraj Kadam Jahagirdar, former president of the Public Trust Practitioners Association, as saying that the ruling would impose restrictions on such transfers.
The decision may also have implications for Maharashtra government’s proposed legislation concerning temple inam land, according to the same legal assessment. The immediate directions in the case concern the Tamil Nadu property, including market-linked rent and payment of dues from 2019. The broader effect on Maharashtra’s proposed legal framework will depend on how authorities and courts apply the ruling to state-specific land and trust laws.
