DISPUTE OVER RELIGIOUS ORGANIZATION'S RECOGNITION AND RIGHTS
Category: Constitutional
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Case title: Shri Jain Shwetamber Shri Sangh Panjikrit Sanstha,through President Vs State Of Rajasthan And Others
Case Number Civil Appeal No. ….of 2025
Date: January 06, 2025.
Quorum: J.K. Maheshwari and Rajesh Bindal
INTRODUCTION
The appellant decided to file the case before the apex court impugning the judgment of the high court. Hon'ble Mr. Justice S. Ravindra Bhat, Former Judge of the Hon'ble Supreme Court, was appointed mediator with the consent of the parties for mediation. Discussion regarding settlement key terms would come in later sections.
FACTS
The dispute arises between Shri Jain Shwetambar Shree Sangh (Party 1) and Shri Jain Shwetambar Khartargachh Sangh (Party 2) for ownership and management of religious properties.
The matter reached the Supreme Court via an appeal from the judgment dated 02.08.2023 from the Rajasthan High Court, where the court dismissed Civil First Appeal No.1015 of 2019. The original case was Civil Suit No.22 of 2017 in the Trial Court.
ISSUE
Who had the ownership and control rights over the Dadabari complex?
Who had the management authority over various religious properties
LEGAL PROVISION
The judgment primarily dealt with:
Article 142 of the Constitution: The Supreme Court of India has the constitutional authority, under Article 142, to issue any decree or make any order that it deems essential to ensure full and complete justice is served in matters being heard by the court.
Rajasthan Public Trust Act - The Rajasthan Public Trust Act of 1959 governs public trusts in Rajasthan, India. It covers trusts established for charitable or religious purposes, or for the benefit of a society or institution.
ARGUMENTS:
ARGUMENTS OF THE APPELLANT
Several substantive claims are made in this by the Appellant, Shri Jain Shwetambar Shree Sangh. Central to their claim is the declaration of absolute ownership over the Dadabari complex and its related assets. The Appellant also argues that he/she is entitled to such alleged legitimate management rights to certain religious facilities located in the complex. Their contributions also include the ability to control the designated bank accounts associated with such properties. On the other hand, a key part of their argument is about contested control and ownership of the two temples in Ajmer. These related assertions underpin the Appellant's argument for coming to hold the right of control over these religious entities and their belonging.
ARGUEMENTS OF THE RESPONDENT
The Respondent has provided a strong refutation to the claims made by the Appellant. At its core is their claim of proprietorship over the Dadabari complex, which is directly at odds with the Appellant's. They have energetically contested the Appellant's claimed ownership of those religious assets. One of their defenses relies on the contention that it is on state of the trust's registration which the appellant's standing is challenged. In particular, the Respondent has made other "contentions as to the administration" of the temples and their other assets., in effect disputing the Appellant's right to control the religious buildings and their resources.
JUDGMENT
The mediated agreement reached warrant approval for several reasons. Firstly, the Court acceptance and affirmation of the mediated settlement in the final judgment, illustrate appropriate judicial endorsement of the parties' agreement. The actions of the lower court for overturning the judgment in the settlement agreement protection systematics across forums. The complete settlement of various related cases, such as those pending before the SDO Nyayalaya in Ajmer and the Rajasthan High Court, demonstrate the positive impact of the settlement of all the disputed issues. The Court has also maintained procedural regularity by instructing service copies of the order on the competent courts and disposed of all the remaining applications progressively. Furthermore, the financial component of the settlement has been settled properly, with evidencing proof about the complete settlement amount of ₹8,11,00. In all respects this final arrangement is satisfactory both on the level of substance and point of notice, whilst also providing sufficient evidence of financial respectability that will continue to be available in the interest of justice.
CONCLUSION
The long-standing dispute reached a successful conclusion through mediation, resulting in a comprehensive settlement between the parties. The agreement established a clear demarcation of property rights, with the Dadabari complex being awarded to Shri Jain Shwetambar Khartargachh Sangh, while the two Ajmer temples were allocated to Shri Jain Shwetambar Shree Sangh. As per the agreement, a substantial financial compensation of ₹8,11,00,000 was agreed and settled. Both parties made several mutual commitments, including the withdrawal of all allegations against each other and an undertaking not to initiate any future litigation regarding the specified properties. They also agreed to renounce or settle all other lawsuits and comply with the compromise agreement as a sacred promise to the Supreme Court).
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WRITTEN BY:ADVOCATE ANIK
