Bodh Gaya monasteries directed to maintain daily ID records of people provided accommodation and comply with safety norms

The Bodhgaya Hotel Association filed the writ petitions as Public Interest Litigations alleging that various monasteries and Buddhist establishments in Bodhgaya had undertaken unauthorized constructions in violation of applicable Municipal Laws and Building Bye-Laws, and were using their premises for commercial purposes, including providing hotel-like accommodation.

The petitioner also sought implementation of directions allegedly issued by the State Government in a review meeting dated 1 July 2016.

The State submitted that the competent local authority had already examined the constructions: five monasteries were found to have been constructed in accordance with sanctioned building plans, while deviations were detected in respect of certain others and action was taken according to law.

The respondent monasteries argued that they represented different Buddhist traditions and were religious and spiritual institutions.

Whether the writ petitions, styled as Public Interest Litigations, genuinely involved a public interest issue or essentially sought to regulate competing commercial interests between the Hotel Association and the monasteries.

Whether directions should be issued to restrain the monasteries from commercial use, investigate alleged unauthorized constructions, and implement the State Government’s directions dated 1 July 2016.

Whether, notwithstanding dismissal of the PILs, the competent authorities should ensure compliance by the monasteries with applicable municipal laws, building bye-laws, land-use regulations, safety norms and accommodation-record requirements.

Public Interest Litigation jurisdiction is reserved for advancing a genuine cause of public interest and cannot be invoked to pursue disputes that substantially concern the competing interests of particular establishments or associations.

Merely framing reliefs as enforcement of statutory provisions does not convert a proceeding into a genuine PIL where its substance is the regulation of particular establishments.

All constructions and activities remain subject to applicable Municipal Laws, Building Bye-Laws, Building Rules, land-use regulations, sanctioned plans and other statutory requirements; the authorities may take action where violations are found.

The Court also required compliance with applicable safety norms and maintenance of daily registers containing identification and residential or travel documents of persons accommodated within monastery premises.

The Court considered that the petitioner was an Association of Hotels and that its principal relief was to restrain monasteries from using their premises for commercial purposes.

Although the petition invoked alleged statutory and building-law violations, its substance was found to concern the manner in which identified monasteries conducted their activities, in circumstances involving competing interests between hotels and religious institutions.

The Court also took into account the monasteries’ explanation that accommodation for pilgrims, followers and monks was connected with their religious and spiritual functions and could not automatically be classified as commercial activity.

Accordingly, the petitions did not satisfy the requirements of a genuine PIL.

Nevertheless, dismissal on that ground did not immunize any construction or activity from statutory scrutiny; therefore, the Court preserved the authority of the local administration to enforce municipal, building, land-use and safety regulations.

The dismissal did not preclude competent authorities from taking action in accordance with law against any construction or activity found to violate applicable statutory provisions.

The local administration and monastery authorities were directed to ensure compliance with municipal laws, Building Bye-Laws, Building Rules, land-use regulations and sanctioned plans; observe all applicable safety norms; and maintain daily registers recording the identity and relevant residential, passport or immigration details of persons accommodated within the monasteries.