“‘Why protect Waqf properties but hand out temple lands?”
Nagpur, Maharashtra – The Maharashtra Mandir Mahasangh has issued an ultimatum to the state government, demanding the immediate revocation of a proposed law that would grant proprietary rights of Devasthan Inam (temple) lands to current occupants and tenants.
During a high-profile press conference held at the Nagpur Press Club, National Organiser of the Mandir Mahasangh, Shri. Sunil Ghanvat warned that any attempt to push through the legislation would be met with an “intense state-wide mass agitation.” The Mahasangh has characterised the proposal as a calculated scheme to erode the financial autonomy of Hindu religious institutions and benefit land mafias and developers.
“Why the Discrimination?”
The central grievance raised by the Mahasangh involves a perceived disparity in how the state treats different religious properties. Shri. Anup Jaiswal, a member of the State Core Committee of the Mandir Mahasangh, pointed to a 2016 government circular that explicitly protects Waqf properties by marking them as “prohibited category of tenure” on 7/12 land extracts. “If the government provides such stringent protection for Waqf Board properties, why are Hindu temple lands being handed out?” Jaiswal questioned. “This is a blatant violation of the principle of equality guaranteed under Article 14 of the Constitution.”
Constitutional violations and legal status
The Mahasangh’s opposition is grounded in the legal status of temple deities. Shri. Ghanwat argued that, under Indian law, a Hindu deity (idol) is recognised as a “juristic person,” meaning the deity is the ultimate legal owner of the property. Neither the government nor appointed trustees have the authority to transfer land belonging to a deity to third parties. The proposal contradicts existing Supreme Court and High Court judgements which state that tenants cannot claim ownership of Devasthan land. The draft law violates Articles 25 and 26 (freedom of religion) and Article 300 A (right to property) of the Constitution.
Five key demands
The Maharashtra Mandir Mahasangh has formally placed five demands before the government:
- The permanent cancellation of the draft law proposing land transfers to occupants or tenants.
- An immediate circular to mark all temple land 7/12 extracts as “Devsthan — Prohibited Tenure Type — Non-transferable.”
- The introduction of legislation similar to Gujarat’s law, featuring 14-year prison sentences and non-bailable offences for encroaching on temple land.
- Set up a SIT led by a senior officer to probe into all temple land transfers, forged records and encroachments on Devasthan lands from the last 25 years.
- The establishment of special fast-track courts to resolve pending revenue and civil disputes regarding Devasthan lands within a six-month timeframe.
A call for cultural protection
Shri. Chetan Rajhans, National Spokesperson for the Sanatan Sanstha, emphasised that these lands are the “foundation of Maharashtra’s culture and faith.” Invoking the legacy of Chhatrapati Shivaji Maharaj, he urged the government, which identifies with pro-Hindu principles, to act as a protector rather than an administrator of temple assets.
The press conference saw attendance from various religious and legal leaders, including Pujya Bhagirathi Maharaj, Shri. Dilip Kukde, and Advocate Abhijeet Bajaj, all of whom signalled a unified front of devotees, priests, and spiritual organisations ready to take to the streets if the government fails to act.