MAHALSA SAUNSTHAN MARDOL Vs. AJAY G POI RAITURCAR

JUDGEMENT

(1.) The writ petition has challenged the judgment of the Administrative Tribunal, Goa dated 13.2.2001 upon the appeal filed under Article 71 of the Regulation Governing Hindu Temple (Devasthans) of Goa, Daman and Diu (the Act, 1933).

(2.) The devotees of the suit temple desired to put up a gold Kalash on the temple. Several meetings were held for that purpose. The respondents have attended and resolved to pass certain resolutions at various such meetings. One such meeting was held on 2.1.2001 as an extra-ordinary meeting convened by notification published in the Official Gazette No. 38 dated 16.12.1999. Several respondents were present. The respondent No. 4 presided over the meeting. A metallurgist G.R. Kamat gave an opinion about the Shikhar Kalash to be put. In his opinion, the Kalash entirely made of gold cannot withstand the foray of nature. The meeting records his opinion as also the technology of metallurgy in Japan and the opinion about the method of amalgamation of gold and copper having gold layer with copper belts with 24 Carat purity as the right alloy for the Kalash The meeting shows the unanimous resolution passed about Swarna Shikhar Kalash for the suit temple with specified heights and composition is agreed in the meeting. The Mahajans who were present signed below the minutes. The persons who attended that meeting have also signed. In all the unanimous resolution came to be signed by 40 respondents and 63 Mazanias.

(3.) It is essentially based upon this resolution that the petitioner has proceeded. However, the gold which was collected in cash as well as kind from the devotees was essentially meant to be for entirely gold Kalash and not only a gold plated Kalash. The amounts which were called for and the appeals which were made to the devotees were upon that premise. The petitioner is stated to have collected gold to the extent of 6281 grams and cash of Rs. 1,32,25,038.96/-.