JAIN SHWETAMBER KALYANAKTIRTH NAYAS Vs. UOI

JUDGEMENT

(1.) Present writ petition has been filed seeking quashing of order dated 24th March, 2009 passed by respondents and for issuing 'formal approval' for diversion of 0.8093 ha (2.00 acres) of land on Kolhua Hill, Bhaddilpur, Thana No. 339, Khata No. 01, Khesara No. 17, in the Chatra District, Jharkhand.

(2.) Petitioner organization is stated to be a registered religious and charitable trust, inter-alia dedicated to the cause of restoration of - at present - extinct Jain Tirthas and in restoration of cultural and religious heritage.

(3.) Brief facts of the present case are that on 25th August, 2006 petitioner applied for diversion of forest land and requested for issuance of No Objection Certificate for allotment of land recorded as 'jungle pahadi'. Though the justification for locating the project in forest area was that it is a place of great reverence and worship for Shwetamber sect, yet in the short narrative of the proposal annexed as Annexure A it was stated that on the eastern side of the tank, a Jain temple was renovated by Digambers in 1995 who assumed its control and management and Shwetamber sect in order to avoid conflict and maintain peace and harmony wanted to construct a new temple.