Supreme Court Refuses To Entertain PIL Seeking Directions Against Temple Encroachments Across Country

he Supreme Court today declined to entertain a plea seeking directions to constitute committees for examining encroachment of temple properties across the country, observing that it cannot issue pan-India directions on such matters.

A bench of CJI Surya Kant and Justice Joymalya Bagchi was hearing a writ petition seeking nationwide oversight mechanisms for temple lands. At the outset, the CJI noted that temple management trusts already exist in various states, and issues of mismanagement can be addressed by courts on a case-by-case basis.

The counsel for the petitioner argued that temple websites lack basic information, including details of properties, encroachments and damage to temple structures. He submitted that only a handful of temples fall under statutory trusts and referred to orders of the Jammu and Kashmir High Court directing the takeover and protection of several shrines.

"Nothing is there on the website, they do not have the list of the temples which have been destroyed by fire or by militants or how much land has been encroached....Those who are under the Trust, there are only 4-5(temples). My lords Puri is there (under the trust), but there are many (not under a Trust). Well, let the state government do that, exercise lords." He added.

The counsel also referred to a few orders of the J&K High Court which directed the handover of 9 Hindu shrines to district magistrates and looked into the issue of encroachment of these temple lands.

Notably, this includes the 2024 High Court order where it directed the Deputy Commissioner of Srinagar to take over the management of over 159 kanals of land belonging to the Raghu Nath Ji Temple in Barzulla Srinagar. The High Court also directed the Deputy Commissioner of Anantnag to take over the management of Nagbal Gautam Nag Temple.

Referring to these orders, the counsel submitted :

"As per the High Court directions, the Kashmir Government has done it, they have directed all the deputy and divisional commissioners ...all the 20 districts in Kashmir."

The Counsel clarified that he is only seeking committees to keep track of temple encroachments across the country.

"All I am saying is that there should be some dedicated committees to ensure that the area they have... many of these properties, many of these temples have been encroached... They (temple priests) are too timid and too scared to even report to the collectors."

The CJI however said, " We do not want to issue directions which become unmanageable."

The bench proceeded to dismiss the matter while observing :

"It seems to us that no omnibus directions can be issued by us on a pan-India basis."

The Court however granted liberty to the petitioner to make representation before the concerned authorities only for case specific issues.

Case Details : GAUTAM ANAND vs. UNION OF INDIA W.P.(C) No. 001221 / 2025