1997 (7) TMI 703

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....lot of land to be used by the seven persons mentioned in the deed for the purpose of building "four temples, a well, Pujari's hut and a store room." The lease is in reference to military land in Kanpur on the bank of the Ganges within the Cantonment area. 2. It appears that the seven persons who were favoured with the lease by the Military Estate Officer spread more than was necessary beyond the indication in the lease deed. If they had remained within the confines of the indenture and not spread beyond the "four temples, a well, Pujari's hut and a store room", there would not have been any conflict between them, the military authority and the Cantonment Board or the Military Estate Officer concerned. 3. In the writ petition i....

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.... store room". To cut a long story short, the submissions of the petitioners are that when they submitted a plan for additions and more constructions, the permission was not forthcoming and after waiting for sometime as required by law they set about to make the new constructions. To their aid, the logic drawn is that if the sanction is not forthcoming within a certain period, then the so called trustees could go ahead and complete the constructions. 7. This aspect in this petition will have to be decided on the some ethics by which the Pujari of the temple would like to judge the world with ecclesiastical morality. Ordinary people of the material world are obliged to live by the law and morality and ethics of the spiritual order, if they....

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.... seek more than what was granted. 11. Temple managers and Pujaris can ill-afford legal jugglary and dialectics and would be advised not be embroiled in it. The deeming provisions and fictions of man-made law are not for them. The Court reminds them of the indenture, that is the lease deed. At the end of the text in sub-clause (2) of clause I it is provided "not to erect or suffer to be erected on any part of the premises hereby demised any building other than and except the four temples, a well, Pujari's hut and store room hereby covenanted to be erected without the previous consent in writing of the Officer Commanding-in-Chief the Command/Cantonment Board." The consequences of breaching the conditions of the covenant were that the l....