Kolkata: The Calcutta High Court has held that Shebaits of a private debuttar estate are not required to obtain prior permission from a civil court before developing or improving property dedicated to a deity.
The court directed the Kolkata Municipal Corporation (KMC) to process a pending building plan within eight weeks.
Justice Gaurang Kanth delivered the ruling while allowing a petition filed by the Shebait of “Sree Sree Ishwar Janardhan Jew” relating to premises No. 59, Barrackpore Trunk Road, Paikpara, renumbered later as 59A, BT Road. The property was endowed to the deity through a Deed of Dedication executed on November 9, 1964, followed by a rectification deed on August 11, 1976. The Shebait had entered into a development agreement to construct a G+11 building, stating that the project would generate sustainable revenue for the upkeep and daily worship of the deity.
KMC, however, declined to process the plan and issued a notice on May 9, 2024, directing the Shebait to first obtain an order from a competent civil court permitting development on debuttar property.
Challenging this requirement, the petitioner argued that no such sanction is mandated in law and that municipal authorities cannot demand judicial clearance in the absence of a statutory basis. The High Court agreed, observing that a deity is a juristic person and Shebaits—who hold a composite office combining managerial duties with a beneficial interest—are legally empowered to act for the benefit of the deity, including undertaking development of endowed property. It held that Shebaits are not trustees under the Indian Trusts Act, 1882, and therefore are not required to seek judicial opinion under Section 34 of that Act or any analogous procedure before submitting a building plan.
The court said KMC’s role is confined to examining building plans under applicable building rules, zoning regulations and statutory norms. It cannot impose conditions unrelated to its statutory mandate. Directing the civic body to act “strictly in accordance with law,” the court ordered KMC to process and take a final decision on the building plan within eight weeks of receiving the order.