Occupants of temple lands may get ownership rights
MUMBAI, May 11 -- In a significant move, the Maharashtra government has proposed a new law, the Devasthan Inams Abolition Act 2026, which will grant ownership rights to occupants of land parcels owned by temple trusts. The move will open up nearly 400,000 hectares of such land, officials revealed.
The ownership rights will be given to owners on the payment of a premium, which the government will hand over to the temple trusts. Plots used specifically for residential purposes will be granted ownership rights for free. Those who have encroached on such land will not be evicted, provided they have been the land prior to January 1, 2011. The government believes this will end the long-standing ownership disputes over such properties.
The draft of the new bill has been uploaded on the state revenue department's website https://rfd.maharashtra.gov.in and the government has sought suggestions and objections from the public till June 5.
Large tracts of land, classified as Devashtan Inam lands, were historically granted to temples, mathas and religious institutions by kings for the maintenance of religious establishments across Maharashtra. A significant portion of these lands is located in the Konkan region, Marathwada and western Maharashtra, where thousands of acres have been allotted in the names of deities, temples and religious trusts.
Over time, such lands passed into private hands, which made the problem of ownership even knottier. Despite being cultivated by farmers and tenant cultivators for generations, ownership was never formally transferred to those working on them following restrictions on their transfer. This left many cultivators without clear legal rights over the properties they had occupied for decades and led to large-scale disputes over land ownership. According to the draft bill, all authorised holders, mirasdars, lawful tenants and inferior holders who personally cultivate the land will be eligible for ownership rights. The amount collected by the district collectorate will be handed over to the concerned temple trusts, as they officially own the land.
In cases where the land is situated within the limits of a gaothan (inhabited settlement area of a village) and has been in the actual possession of a holder for residential purposes prior to January 1, 2011, the holder will also get ownership rights for free, the draft bill highlights. The district collector has been empowered to determine whether a person's possession is lawful or illegal, and unauthorised occupants will have to face eviction proceedings.
The bill also allows certain categories of long-standing occupants to seek regularisation if they can prove continuous possession before January 1, 2011 and meet other eligibility criteria. "The collector may regrant such land to the unauthorised holder. as eviction would involve undue hardship; the regrant shall be restricted to the limit of an economic holding; and the holder shall pay the market value of the land as occupancy price," the draft bill notes.
In most cases, temple-owned land across the state is currently occupied by private individuals for cultivation and other uses, but the temple trusts receive minimal or no financial benefit from these properties. "At the same time, occupants, including priests, cultivators and other traditional holders are unable to redevelop or monetise the land due to the absence of ownership rights in their names," said a senior official from the state revenue department. "Since the temples continue to remain the legal owners, the issue has remained locked in a prolonged stalemate."
The state government has also received numerous complaints regarding illegal transfers and unauthorised transactions involving such lands. "Against this backdrop, there has been a growing demand in recent years to grant ownership rights to farmers and occupants cultivating these lands, with the state government now proposing a legal framework to address the long-pending issue," the revenue official added. The bill also imposes a ceiling and economic holding limits under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. This means that excess land beyond prescribed limits can be taken back by the state and will be restored to the temple trusts.
Significantly, the proposed law will not be applicable to land parcels regulated under three laws-The Waqf Act, 1995, The Hyderabad Abolition Of Inams and Cash Grants Act, 1954 and The Hyderabad Atiyat Inquiries Act, 1952....
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