SC Modifies Occupancy Order for Babulnath Temple

Case Details

• Case name: Miscellaneous Application No.1361 of 2026 in Special Leave Petition (Civil) No.35888 of 2025.
• Parties: Applicant(s) – Nitin Gordhanbai Thakker & Ors., representing Babulnath Temple Trust; Respondent – Jagannath Giri.
• Court/Authority: Supreme Court of India, Civil Appellate Jurisdiction.
• Order dates: Original order dated 19 December 2025; present modification order dated 13 May 2026.
• Period of permission: Occupancy permitted from 19 December 2025 to 19 December 2029 (four‑year term).

Parties Involved

• Applicant: Babulnath Temple Trust (represented by Nitin Gordhanbai Thakker & others).
• Respondent: Jagannath Giri (original petitioner in the SLP).
• Judges: Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh.

Issues / Allegations / Violations

• Unauthorized encroachment on property belonging to Babulnath Temple Trust.
• Need to clarify that Jagannath Giri is not a tenant and his occupancy is strictly limited to the period granted by the Court.
• Concern that disciples or successors might claim continued occupation after the expiry of the four‑year term.
• Request to restrict certain activities (e.g., cooking/distribution of prasad, expansion of possession) and to allow the Trust to install an escalator on the staircase within the premises.

Findings & Observations

• The Court observes that the permission was granted purely on humanitarian consideration to enable the petitioner to pursue his religious and spiritual activities in the latter part of his life.
• The petitioner has no legal right in law beyond the Court‑granted permission; he is neither a tenant nor a permissive occupier.
• No third person, including any disciple (chela) or sevak, may claim any right, title, or interest in the demised premises.
• Occupancy is limited to the petitioner and one companion only, until 19 December 2029 or any earlier eventuality.
• The petitioner must not commence any new activity, nor engage in cooking or distribution of prasad as bhandara; cooking is allowed only for personal needs of the petitioner and his helper.
• The Trust’s request to install an escalator is permissible, and the petitioner must facilitate the work without hindrance.
• The petitioner’s request to remove the dhooni (continuous religious fire) is denied as it forms part of his religious practice.
• The petitioner must not expand his possession or cause obstruction to devotees visiting the temple.

Penalties / Settlements / Directions

The Court issues the following directions:

1. Clarify that Jagannath Giri is neither a tenant nor a permissive occupier; his right to occupy stems solely from this Court’s order.

2. Under no circumstances may any third party (disciple, chela, sevak) occupy the premises if the petitioner dies before the expiry of the four‑year period; the permission will automatically extinguish.

3. Only the petitioner and one companion may occupy the premises until 19 December 2029; no other person has any right, title, or interest.

4. The petitioner shall not commence or carry out any new activity and shall restrict cooking to personal needs only; no distribution of prasad as bhandara is allowed.

5. The petitioner shall facilitate the Trust’s escalator installation on the staircase without causing any hindrance.

6. The petitioner’s request to remove the dhooni is rejected; the practice may continue.

7. The petitioner shall not expand his possession or cause any obstruction to devotees.

Corrective Actions & Future Obligations

• The petitioner must furnish an undertaking in the aforesaid terms within seven days from the date the order is uploaded on the Court’s website.
• He must ensure no encroachment beyond the boundaries of the suit premises.
• He must cooperate with the Trust for the escalator installation and refrain from any activity that hinders the work.
• He must limit cooking activities to personal consumption and must not distribute prasad commercially.

Final Ruling & Enforcement

• The order dated 19 December 2025 is partially modified as detailed in directions (i) through (vii) above.
• The application is disposed of.
• The petitioner is required to submit the stipulated undertaking within seven days.
• The directions are enforceable as per the Court’s authority, and non‑compliance may attract further legal consequences.
• Judges: Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh.