Patna High Court Dismisses PIL Against Commercial Use Of Bodh Gaya Monasteries

A Division Bench of Justice Sudhir Singh and Justice Rajesh Kumar Verma heard the writ applications filed in the form of Public Interest Litigations by the Bodhgaya Hotel Association.

The petitioner sought directions restraining various Maths/Monasteries in Bodh Gaya from using and utilising their respective premises for commercial purposes. The petitioner submitted that various constructions at different sites in Bodh Gaya, including constructions raised by the Maths/Monasteries, were unauthorised and had been made in violation of applicable Building Bye-Laws and other statutory provisions. It was further alleged that certain Maths/Monasteries were being utilised for commercial purposes and that monasteries with facilities like star-category hotels had come up in and around the Mahabodhi Temple.

The petitioner further contended that such constructions and commercial activities were contrary to statutory provisions, adversely affected the religious and spiritual character of the Maths/Monasteries and resulted in loss of revenue to the Government. It therefore sought directions to the authorities to enquire into the alleged violations, take action against unauthorised constructions and ensure implementation of the directions issued by the State Government in its review meeting dated 01.07.2016.

The State submitted that the issue relating to alleged unauthorised constructions had already been considered by the competent local authority. Notices had been issued in respect of the constructions and, upon inquiry, five monasteries were found to have undertaken construction in accordance with the sanctioned building plans, while deviations from sanctioned plans were noticed in respect of certain other monasteries and necessary action was taken in accordance with law.

The Maths/Monasteries submitted that they represent different schools and traditions of Buddhism, including the Theravada, Mahayana and Vajrayana traditions, and are religious and spiritual institutions rather than establishments engaged in commercial activity. It was further submitted that the monasteries provide accommodation and space within their respective campuses to followers, monks, pilgrims and other persons visiting Bodh Gaya for religious purposes, including through ashrams and other residential facilities. According to them, such facilities are incidental to their religious and spiritual functions and cannot merely on that account be characterised as commercial activities.

The Court noted that although the proceedings were styled as Public Interest Litigations, the petitioner was an Association of Hotels and the principal relief sought was to restrain the Maths/Monasteries from using their premises for commercial purposes. The Court therefore held that the proceeding did not constitute a genuine Public Interest Litigation and observed:

“The jurisdiction of this Court in a Public Interest Litigation is intended to advance a genuine cause of public interest and cannot be permitted to be invoked for pursuing a dispute which, in substance, concerns competing interests of particular establishments or associations. Merely couching the relief in terms of enforcement of statutory provisions would not, by itself, confer the character of a Public Interest Litigation upon a proceeding which essentially seeks to regulate the activities of particular establishments”

Accordingly, the Court found no merit in the PILs and dismissed both writ applications.

The Court, however, clarified that dismissal of the proceedings would not preclude the competent authorities from taking appropriate action in accordance with law if any construction or activity was found to be in violation of the applicable statutory provisions.

The local administration and authorities concerned were directed to ensure that all constructions in the premises of the Maths/Monasteries comply with applicable Municipal Laws, Building Bye-Laws, Building Rules, land-use regulations and other statutory provisions. No construction, addition or alteration was to be undertaken except in accordance with law and the sanctioned plan, wherever such sanction is required.

The Court further directed the management of each Math/Monastery to maintain a daily register of persons being provided accommodation or residential facilities within its premises, mentioning appropriate identification, including Government-issued identity documents and residential proof for Indian citizens and passport and travel/immigration documents for foreign nationals. The register is to be produced before the competent authority whenever required.

Appearance:

In Civil Writ Jurisdiction Case No.7869 of 2026

For the Petitioner/s: Ms. Shweta Anand, Advocate

For the Respondent: Mr. Standing Counsel (06)

In Civil Writ Jurisdiction Case No.1396 of 2017

For the Petitioner/s: Ms. Shweta Anand, Advocate

For the State: Mr. S.D. Sanjay, AG; Mr. P.V. Verma, AAG 3; Mr. Sanjay Kumar Ghosarvey, AC to AAG 3

For the Nagar Panchayat: Mr. Ashok Kumar, Advocate