The Ranakpur Saga
 |
In the heart of the Aravalli range, enveloped in the
solitude of the surrounding forests lies a poetry in stone – the magnificent
temple of Ranakpur on the banks of Maghai River. Dedicated to Shri Adinath Bhagwan,
the Chaturmukhi (4-sided) temple is a three-storeyed marble edifice placed on a
lofty plinth standing on 1,444 artistically carved pillars. Ranakpur Jain Temple is an exemplary work of
art and architecture and is an eloquent testimony to the Maru-Gurjara style of
architecture. Built by advisors of Rana's of Mewar, Sheth Dharna Shah and his
younger brother Ratna Shah, the design of the temple was made based on the
divine dream of Dharna Shah wherein he experienced a vision of Nalinigulm
Vimaan (celestial floating palace).
A lot of Jains are having multiple questions regarding the current status of the Tirth. Therefore, I have tried to
chronologically trace the history of the Tirth so that the readers can take an
informed decision regarding the same.
TIMELINE
1375 CE – Maharana Shri Mokal Singh (father of Rana Kumbha) of Mewar kingdom, granted a Tamprapatra (copper plate) to Dharna Shah offering 51 bighas of land for building of temple and additional 7 bighas for maintenance of the same with a condition that it could not be sold to anyone.[1]
Following legal interpretations can emerge on the copper plate-
Interpretation 1: The ownership of the said land by virtue of this tamrapatra vested in Dharna Shah and Ratna Shah, and after their demise, the descendants in the lineage of these two brothers have rights to inherit the estate of deceased.
Interpretation 2: Dharna Shah did not hold absolute ownership (as he or anyone in the future did not have the rights to transfer/ sell the land or even rent it out to anyone). Statutes like Section 10 of the Transfer of Property Act declares any condition imposing absolute restriction on further sale of the property as void barring few exceptions. However, Allahabad High Court has held that a Deed of Dedication of a property to a deity containing condition absolutely restraining further transfer was not void. Basis this, a legal interpretation also arises that despite the restraining clause, Dharna Shah held absolute ownership of the land granted to him.
 |
| The copper plate granted to Sheth Dharna Shah |
1440 CE – The Pratishtha (ceremonial installation) of the temple was conducted under the guidance of Acharya Somsundarsuri of Tapagaccha lineage[2]. The temple was maintained and renovated by descendants of Dharna Shah from time to time. Pujaris helping worshippers in conducting daily rituals of the temple and Sompura architects were employed since the inception of the temple and their future generations are giving service till date (currently the 14th generation of Pujaris and Sompuras serve the temple)[3]. Till date, every year the Dhwaja is changed by the descendants of Sheth Dharna Shah.
1680 CE - Mughal ruler, Aurangzeb attacked Mewar due to which, multiple battles took place in Aravalli region, major being battle of
Udaipur[4].
Although, Rana Raj Singh and Durga Das Rathore were able to defeat the
Mughals, Aurangzeb’s armies plundered the cities, towns and destroyed the
magnificent Ranakpur Jain temple. Due to this attack, the temple fell into disrepair
and pilgrimage declined significantly.
1818 CE - Driven to dire financial straits and facing internal troubles, the Kingdom of Mewar (and Marwar) accepted British suzerainty[5]. The Ranas continued as rulers of Mewar as a princely state of British.
1869 CE - The Rajputana famine of 1869 affected the area
severely, due to which people residing in the nearby villages of Ranakpur
deserted the area[6].
Ranakpur Temple, which was already in disrepair, became a den of
wild animals, poisonous reptiles and dacoits. Local Jains abandoned the temple
and nearly all pilgrims stopped visiting the Tirth post the famine.
1878 CE – The British government passed the Indian Forests Act, 1865, which empowered local governments to declare certain areas as State forests. A revenue official and not a forest official determined the merits of a particular block of forest chosen for reservation. To further consolidate and legitimise their control over forests, the British successively passed the Indian Forests Act, 1878. This Act divided Indian forests into reserved forests (completely government controlled), protected forests (partly government controlled), and village forests (controlled by abutting villages). [7].
1884 CE – Kumbhalgarh Forest, within which Ranakpur was situated, was declared as a “Reserved Forest” under the provisions of the Indian Forests Act, 1878. [8].
1887 CE - The green tracts of the Kumbhalgarh forest divided
the states of Mewar and Marwar. In 1884, the Assistant Conservator of Forest
Ajmer-Marwar examined forests for their commercial value and in 1887, the
proprietorship of the forest was transferred to the state of Marwar from Mewar[9].
The state of Marwar, (also known as the Jodhpur State) was also a princely
state under the British Empire. Due to this, Ranakpur Tirth, which earlier came
under the Mewar state now came under the Marwar state.
1902 CE –Members of the Sadri Jain Sangh requested Sheth Anandji Kalyanji Pedhi of Ahmedabad to take over the management of the Tirth as the temple was in a state of disrepair. After various discussions, Sheth Anandji Kalyanji Pedhi took over the management of the temple on 14th December 1902[10]. The pedhi undertook repairs and renovations of the temple, constructed fences around the area and appointed security men in the entire stretch from Sadri to Ranakpur, so that the pilgrims could travel safely.
1907 CE – The original copper plate was given by Rana of Mewar to Dharna Shah, whereas the Tirth now came under the State of Marwar. The officials of Marwar state created a lot of hindrances in management of the temple. Also conflicts arose regarding the area of the land under the control of tirth as the yardsticks of measurements had also changed over the years. Due to this, Sheth Anandji Kalyanji Pedhi started conducting meetings and deliberations with the Marwar state for its possession and rights and applied for grant of Patta [11].
1928 CE – Further renovations to restore the temple to its original glory were initiated under the leadership of Sheth Kasturbhai Lalbhai (then head of Sheth Anandji Kalyanji Pedhi) under the guidance of Shasan Samrat Acharya Vijay Shri Nemisurishwarji Maharaj[12]. The temple structure that we see today is due to this grand large scale renovation conducted at that time.
1930 CE – After various hearings, proceedings, inspections and measurements, the communications between Sheth Anandji Kalyanji Pedhi and the officials of Marwar State since 1907 CE finally bore results. The State of Marwar (Jodhpur state) issued a Patta (lease[13]) confirming the land amounting to 9.94 hectare in favour of Sheth Anandji Kalyanji Pedhi with the following conditions-
- The land could not be sold or transferred to anyone and it was to be used for religious purpose only
- In the cases of Public Interest (for the benefit of public at large), the land (in possession of the tirth) could be acquired by the State in lieu of compensation as per the formula mentioned in the patta[14].
 |
| The Patta issued by the Jodhpur State |
1939 CE – To enlarge a road, Marwar State took away 4426 yards of land from the Tirth land granted by it in 1930 CE citing Public Interest. (Note: The Patta issued by the Marwar State in 1930 CE had a condition that the land offered to the tirth could be acquired by the State in cases of Public interest)[15].
1942 CE – The State of Marwar undertook the first Survey Settlement of the area comprising the Ranakpur Temple complex without intimating any of the occupants. The local inhabitants were also unaware that revenue records were being prepared. The survey report mentioned the land of Ranakpur Tirth as “Mandir” (temple) without naming the possessor (i.e. Sheth Anandji Kalyanji Pedhi). The land records of Ranakpur Temple Complex were spread over 6 Khasra numbers bearing 580, 581, 582, 583, 586 and 590. These Khasras comprised of Temple Complex Land as well as other land (which was not part of Temple Complex). All these khasras of Ranakpur Temple Complex were under the Government khata and accordingly were recorded as the Government property in revenue records. As against six Khasra Nos. over which the Ranakpur Temple Complex land was spread in 1942, one Khasra No. 581 was classified therein as Mandir.
 |
| Land records of the first survey settlement showing the Ranakpur Tirth as "Mandir" |
1947 CE – India gained Independence from British Empire
1950 CE – The area under the Ranakpur Tirth Complex formed a part of the Reserved Forest Block “Sadri” which was declared as Reserved Forest vide Notification No. 173 dated 4th March, 1950[16]. The State Government did not keep this Temple complex out of the Reserved Forest area. A reserved forest (also called a reserve forest) are forests accorded a certain degree of protection. Unlike National Parks or wildlife sanctuaries, reserved forests and protected forests are declared by the respective state governments. Reserved forests and protected forests differ in one important way: Activities including hunting, grazing, etc. in reserved forests are banned unless specific orders are issued otherwise. In protected forests, such activities are sometimes allowed for communities living on the fringes of the forest, who sustain their livelihood partially or wholly from forest resources or products[17].
1951 CE – The State Government of Rajasthan enacted the “Rajasthan Wild Birds and Animal Protection Act 1951” to stop hunting and to preserve wildlife[18].
1953 CE- The large scale renovations of Ranakpur Tirth by Sheth Anandji Kalyanji Pedhi under the leadership of Sheth Kasturbhai Lalbhai (which commenced in 1928 CE) were finally completed[19] after which the Idols were reinstalled (Punah Pratishtha) under the guidance of Param Pujya Acharya Vijay Shri Udaysuriji and Param Pujya Acharya Shri Vijaynandansuriji Maharaj with great fanfare[20]
1971 CE - Kumbhalgarh Bird & Wildlife Sanctuary was established under the Rajasthan Wild Birds and Animal Protection Act[21]. The area of the Kumbhalgarh Reserve forest (in which Ranakpur Tirth Complex was situated) came under the Sanctuary. A wildlife sanctuary is an area where animal habitats and their surroundings are protected from any sort of disturbance. The capturing, killing and poaching of animals is strictly prohibited in these regions. [22].
1980-81 CE - The State of Rajasthan undertook the second Land Revenue Survey Record & Settlement, which continued till 2002 CE. The revenue records showed that 1.28 hectacre of Tirth were recorded as Government Khata with remark about the status of the land as “Gair Mumkin Mandir” (Uncultivated land temple). The balance area of 8.66 hectare was recorded in the name of Forest Department. This was challenged by Sheth Anandji Kalyanji Pedhi to the Collector[23].
1997 CE - The Collector of Pali issued a notice for inviting objections from the local inhabitants regarding declaration/boundaries of the Kumbhalgarh Wildlife Sanctuary[24].
1998 CE - The final notification under Section 66(3) of the Wild Life (Protection) Act, 1972 was issued by the Collector, Pali declaring the boundaries of the Kumbalgarh Wildlife Sanctuary.[25] Although, Ranakpur Tirth came under the area of the Sanctuary, the temple rights remained intact as the status of the temple was recorded as “Gair Mumkin Mandir” in Government revenue records[26].
1998 – 2004 CE – Sheth Anandji Kalyanji Pedhi wrote to the Rajasthan Government and conducted various meetings with the Government officers and politicians for excluding the Ranakpur tirth complex from the boundaries of the reserve forest. It also challenged entries in the revenue records and claimed possession of the entire complex before the Collector, Pali under the provisions of Rajasthan Revenue Act. The Collector, Pali vide order dated 31st October 2007 directed correction in entry in respect to part of land but for rest that appropriate proceedings should be initiated under the Forest Act. [27].
2004 CE – As the meetings with the State Government to exclude the tirth from the boundaries of the reserve forest did not yield any result, Sheth Anandji Kalyanji Pedhi approached the Supreme Court for the same. The Supreme Court referred the matter to a “Central Empowered Committee” (CEC) for guidance. During the proceedings, the Chief Forest Officer confirmed the complete 9.81 acre of Tirth area as Temple land (and not as forest land as stated in the second Land Revenue Survey Record & Settlement) [28]
2004 - 2007 CE – The Record of Rights document also confirmed the status of the land as “Gair Mumkin Mandir” to the complete 9.81 acre of Tirth area.[29]
August 2009 – After examining the matter during the hearings held in 2008 and the site visit in 2009, the Central Empowered Committee recommended the following –
- Keeping in view the history, the culture, the architecture and the importance of this complex from the religious and the tourism angle and the fact that the Temple Complex is a piece of architectural marvel and that it cannot be translocated and that it has been in existence for a very long period and that too much before the Forest laws came into existence and that the Complex is occupied, managed and maintained by the Applicant Trust (Sheth Anandji Kalyanji Pedhi) much before it was declared as Reserved Forest/Sanctuary it will be in the fitness of things if the Applicant Trust is allowed to continue to occupy, manage and maintain the entire temple complex measuring 9.81 hectares within which they may have "permissive possession".
- The repair and maintenance of the complex may be done by the Temple authorities but any new construction should be carried out by them only after obtaining the approval under Forest (Conservation) Act, 1980 and in accordance with the provisions of the Wildlife (Protection) Act, 1972.
- The Rajasthan Forest Department is agreeable to the above arrangement[30].
October 2009 – The recommendations of the Central Empowered Committee were accepted by Sheth Anandji Kalyanji Pedhi and based on the same the Supreme Court of India pronounced the following order –
- As recommended by the CEC, the Trust may have permissive possession of 9.81 hectares of forest land over which the temple complex stands subject to report dated 12.8.2009. the conditions stipulated in the CEC.
- The trust shall maintain the temple complex. The trust shall also ensure that there should not be any unlawful trespass over the forest area and no tree is cut down from the forest area. In addition, the trust shall abide by all the restrictions imposed by the wild Life (Protection) Act, 1972[31].
2011 CE– The Government suggested to declare Kumbhalgarh Wildlife Sanctuary as a National Park. A national park has considerably more restrictions as compared to the wildlife sanctuary (For eg.: Entry and exits are restricted and only a limited number of visitors and vehicles are allowed inside a national park). Sheth Anandji Kalyanji Pedhi wrote to the Government to keep out the Ranakpur Tirth Complex from the boundaries of Kumbhalgarh National Park[32].
2016 CE – The Collector of Pali recommended to keep Ranakpur Tirth Complex within the boundaries of Kumbhalgarh National Park with the right of offering worship. Sheth Anandji Kalyanji Pedhi challenged this recommendation in the office of Chief Wild Life Warden, Jaipur Rajasthan[33].
2018 CE – The Chief Wild Life Warden conducted hearings with Sheth Anandji Kalyanji Pedhi and the Collector of Pali. The Chief Wild Life Warden suggested Collector of Pali to reconsider the matter[34].
2019 CE – The Collector of Pali wrote to the Govt. of Rajasthan
recommending exclusion of Ranakpur Tirth Complex from the boundaries of
Kumbhalgarh National Park. The Rajasthan Government accepted the same[35].
KEY TAKEAWAYS –
1. Has Anandji Kalyanji Pedhi lost title/ ownership rights of Ranakpur Temple Complex?
As mentioned at the outset, the Tamrapatra or copper plate dated 1375 CE records a grant of 51 + 7 bighas of land from the Maharana of Mewar to Dharna Shah and his elder brother Ratna Shah, for the construction of the Ranakpur Temple. One opinion is that the ownership of the said land by virtue of this tamrapatra vested in Dharna Shah and Ratna Shah, and after their demise, the descendants in the lineage of these two brothers had rights to inherit the estate of deceased. The descendants in the lineage of these two brothers still exercise their ceremonial role by hoisting the Dhwaja atop the temple once a year. However, none of them is known to have raised a claim of ownership on the strength of the tamrapatra. It is only through these descendants that ownership of the Ranakpur Temple complex could have been sought on the strength of the tamrapatra.Anandji Kalyanji Pedhi acquired management and maintenance rights of the Ranakpur Temple from Sadri Jain Sangh. Subsequently, a patta was granted by the erstwhile Jodhpur State in favour of Anandji Kalyanji Pedhi in respect of the said land. The stringent stipulations in the patta such as the ability of the State to acquire the land in public interest on payment of applicable compensation, render it a conditional grant, and such a document cannot serve as stand-alone evidence for claiming ownership.
The CEC Report clearly gives complete authority to Anandji Kalyanji Pedhi to “continue to occupy, manage and maintain the entire Temple Complex”. The decision for carrying out any repairs or maintenance of the temple complexes is also left with Anandji Kalyanji Pedhi. This amply suggests that the permissive possession given to Anandji Kalyanji Pedhi is not conditional vis-à-vis any time frame, and, the only condition stipulated under the CEC Report is to obtain “the approval under Forest (Conservation) Act, 1980 and in accordance with the provisions of the Wildlife (Protection) Act, 1972”
As stated in the Order of the Hon’ble Supreme Court dated 30th October 2009, the recommendations of the CEC were also agreeable to the Anandji Kalyanji Pedhi, and accordingly the Court accepted the recommendations and stipulations made by the CEC. Additionally, the Order also directs Anandji Kalyanji Pedhi to ensure that there should not be any unlawful trespass over the forest area and that no tree is cut down in the forest area.
A perusal of the aforementioned makes it evident that the restriction on the rights of Anandji Kalyanji Pedhi to manage and maintain the Ranakpur Temple complex are only restricted to the conditions stipulated in the CEC Reports and the Order of the Supreme Court.
3. Is it possible to have the Ranakpur Temple complex excluded from the boundaries of the Kumbalgarh Reserved Forest and Wildlife Sanctuary?
Anandji Kalyanji Pedhi had approached the Hon’ble Supreme Court of India praying that it direct the Ministry of Environment and Forests, Government of India, for keeping the Ranakpur Temple Complex land out of the purview of the Forest Conservation Act, 1980 and the Ministry of Environment and Forests, Government of Rajasthan, to delete the said land from the Reserved Forest and Sanctuary. The Supreme Court referred the matter to the CEC, and the recommendations and conditions stipulated by the CEC in its Reports were agreed to by both the Anandji Kalyanji Pedhi and the Government of Rajasthan. Thus, the Supreme Court pronounced an order in acceptance of the same.
‘Section 11 Res Judicata
No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.’
The descendants of Dharna Shah and Ratna Shah may, however, file suit for declaration inter alia declaring them as the owners of the Ranakpur Temple complex on the strength of the tamrapatra in favour of their predecessors, Dharna Shah and Ratna Shah, and by proving their inheritance.
Furthermore, upon bare perusal of the CEC Report and the Supreme Court Order, there is no possibility of the temple complex being taken back by the State if Anandji Kalyanji Pedhi adheres to all the conditions as stipulated in the CEC Report as well as the Supreme Court Order and also since the CEC Report has made observations in Paragraph 15 of the Report that “the Temple Complex has been in existence for a very long time and that too before the forest laws came into existence, that it cannot be translocated and that the Complex is occupied, managed and maintained by the Trust before it was declared as Reserved Forest or Sanctuary”, thus taking into consideration the antiquity and historical and religious significance of these sites.
With this detailed information, I hope the readers can understand
the complex history of the Tirth and take a mature decision basis the same. The
information mentioned in this write-up has been obtained from various publicly
available sources. If there is any error/ omission please intimate the same in
comments with adequate references, so that the same can be rectified.
References:
[3] https://anandjikalyanjipedhi.org/tirth/ranakpur-tirth/
[4] https://www.rajras.in/1680-battle-of-udaipur-and-aravalli-hills/
[5] Rima
Hooja (2006). A history of Rajasthan
[6] https://en.wikipedia.org/wiki/Rajputana_famine_of_1869
[7] https://www.indiacode.nic.in/repealed-act/repealed_act_documents/A1878-7.pdf
[8] Ranakpurnu Satyavalokan Sankshepma, Shri Vardhaman Parivar & Shetrunjay Yuvak Mandal
[9]
The Case of the Kumbhalgarh Wildlife Sanctuary, Ilse Köhler-Rollefson and
Hanwant Singh Rathore
[10]
Sheth Anandji Kalyanji Pedhino Itihas Part 2
[11]
Ranakpurnu Satyavalokan Sankshepma, Shri Vardhaman Parivar & Shetrunjay
Yuvak Mandal
[12]
Ranakpurnu Satyavalokan Sankshepma, Shri Vardhaman Parivar & Shetrunjay
Yuvak Mandal
[13] https://housing.com/news/commonly-used-land-and-revenue-record-terms-in-india/
[14]
Ranakpurnu Satyavalokan Sankshepma, Shri Vardhaman Parivar & Shetrunjay
Yuvak Mandal
[15]
Ranakpurnu Satyavalokan Sankshepma, Shri Vardhaman Parivar & Shetrunjay
Yuvak Mandal
[16] Central Empowered Committee Report –
Application No. 986, August 2009
[17] https://en.wikipedia.org/wiki/Reserved_forests_and_protected_forests_of_India
[18] History
of the interaction of national and state laws, policies and events in the Kumbhalgarh
region, Meenal Tatpati and Akshay Chettri, Kalpavriksh
[19] The silent force behind Shwetambar
Jains, The Times of India, 22nd Nov 2013
[20] Shri Ranakpur Mahatirth, Seth
Anandji Kalyanji Pedhi
[21] History
of the interaction of national and state laws, policies and events in the Kumbhalgarh
region, Meenal Tatpati and Akshay Chettri, Kalpavriksh
[22] https://byjus.com/biology/wildlife-sanctuary
[23] Ranakpurnu
Satyavalokan Sankshepma, Shri Vardhaman Parivar & Shetrunjay Yuvak Mandal
[24] Central Empowered Committee Report –
Application No. 986, August 2009
[25] Central Empowered Committee Report –
Application No. 986, August 2009
[26] Ranakpurnu
Satyavalokan Sankshepma, Shri Vardhaman Parivar & Shetrunjay Yuvak Mandal
[27] Ranakpurnu
Satyavalokan Sankshepma, Shri Vardhaman Parivar & Shetrunjay Yuvak Mandal
[28] Ranakpurnu
Satyavalokan Sankshepma, Shri Vardhaman Parivar & Shetrunjay Yuvak Mandal
[29] Ranakpurnu
Satyavalokan Sankshepma, Shri Vardhaman Parivar & Shetrunjay Yuvak Mandal
[30] Central Empowered Committee Report –
Application No. 986, August 2009
[31] Supreme Court of India, Record of Proceedings,
I.A. No. 2670 in W.P. (C) No. 202/1995
[32] Ranakpurnu
Satyavalokan Sankshepma, Shri Vardhaman Parivar & Shetrunjay Yuvak Mandal
[33] Ranakpurnu
Satyavalokan Sankshepma, Shri Vardhaman Parivar & Shetrunjay Yuvak Mandal
[34] Ranakpurnu
Satyavalokan Sankshepma, Shri Vardhaman Parivar & Shetrunjay Yuvak Mandal
[35] Ranakpurnu
Satyavalokan Sankshepma, Shri Vardhaman Parivar & Shetrunjay Yuvak Mandal
[36] Central Empowered Committee Report –
Application No. 986, August 2009
[37] Ranakpurnu
Satyavalokan Sankshepma, Shri Vardhaman Parivar & Shetrunjay Yuvak Mandal
[38] Ranakpurnu
Satyavalokan Sankshepma, Shri Vardhaman Parivar & Shetrunjay Yuvak Mandal
[39] Central Empowered Committee Report –
Application No. 986, August 2009 & Supreme Court of India, Record of Proceedings,
I.A. No. 2670 in W.P. (C) No. 202/1995
[40] Ranakpurnu
Satyavalokan Sankshepma, Shri Vardhaman Parivar & Shetrunjay Yuvak Mandal
Comments
Post a Comment