In a major verdict that settles a 24-year-long legal battle, the Supreme Court of India on May 16 ruled that the ISKCON temple located in Bengaluru belongs to the ISKCON Society Bangalore, not ISKCON Mumbai.
A bench comprising Justice Abhay S. Oka and Justice Augustine George Masih delivered the judgment, setting aside the 2011 Karnataka High Court decision that had favored ISKCON Mumbai. The trial court's 2009 decree, which had recognized ISKCON Bangalore as the rightful owner of the property, was restored.
“The ISKCON temple in Bengaluru is owned and possessed by the Bangalore-registered society,” the Supreme Court affirmed.
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The ISKCON Bangalore society was legally registered in July 1978 under the Karnataka Societies Registration Act. According to their claim, the society acquired about six acres of land from the Bangalore Development Authority on August 3, 1988, situated at Hare Krishna Hills, Rajajinagar. The temple and a cultural complex were built using donations from followers.
In contrast, ISKCON Mumbai, founded by Srila Prabhupada in 1966, was registered under the Societies Registration Act, 1860, and the Bombay Public Trust Act, 1950. It has its main office at Hare Krishna Land, Juhu, Mumbai.
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The legal conflict started in 2001 when ISKCON Bangalore filed a civil suit. They asked the court to declare them as the absolute owner and possessor of the Hare Krishna Hills property. They also sought an injunction to prevent ISKCON Mumbai from interfering in their administrative affairs.
“ISKCON Mumbai has no control over the properties or office-bearers of ISKCON Bangalore,” the Bangalore society argued in court.
ISKCON Mumbai responded by claiming that the Bangalore branch had never operated as an independent legal entity and was always a part of Mumbai’s organization. They stated that all properties held by ISKCON Bangalore actually belonged to ISKCON Mumbai.
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In April 2009, the trial court ruled in favor of ISKCON Bangalore, declaring it the rightful owner and restraining ISKCON Mumbai from interfering. However, this was overturned by the Karnataka High Court in May 2011, which sided with ISKCON Mumbai and passed a permanent injunction against the Bangalore society.
“The temple complex at Hare Krishna Hills belongs to ISKCON Mumbai,” the High Court had earlier stated.
Dissatisfied, ISKCON Bangalore challenged the High Court’s ruling in the Supreme Court. After thorough hearings, the apex court concluded that the Bangalore society is an independent and lawful entity, and the temple built on Hare Krishna Hills belongs solely to them.
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This final decision by the Supreme Court closes a long-standing dispute and reaffirms the rights of the Bengaluru-based ISKCON society over the temple premises.
Advocate Kartik Seth appeared on behalf of ISKCON Bangalore.
Case Title: International Society For Krishna Consciousness Bangalore v. International Society For Krishna Consciousness Mumbai and Others
Case No.: C.A. No. 9314-9315/2014
