New Delhi: 

The judgment was pronounced by a bench led by Justice AS Oka. The bench decided to allow the plea of ISKCON Bangalore challenging an order passed by the Karnataka High Court, which ruled in favour of ISKCON Mumbai over control of the iconic Hare Krishna temple and educational complex in Bengaluru.

The Supreme Court on Friday held that the Hare Krishna temple in Bengaluru belongs to the ISKCON Society Bengaluru. The judgment of the apex court has brought down the curtains over a decade-old legal tussle, where two societies, with similar names and spiritual missions, were pitted against each other. The trial court's decree was restored by the bench, also comprising Justice AG Masih. The detailed judgment will be uploaded later in the day. The trial court had ruled in favour of ISKCON Bangalore, recognising its legal title and granting a permanent injunction against ISKCON Mumbai, but the high court reversed this ruling.

ISKCON Bangalore had moved the top court on June 2, 2011, challenging the high court's verdict of May 23, 2011.

ISKCON Bangalore, a Karnataka-registered society, contends that it has been operating independently and managing the Bengaluru temple for decades.

ISKCON Mumbai, registered under the National Societies Registration Act of 1860 and the Bombay Public Trusts Act, 1950, claims that ISKCON Bangalore is merely its branch and that the property in question rightfully belongs under its jurisdiction.

The apex court said the high court’s finding that ISKCON Mumbai, through its branch in Bangalore, was the owner of the schedule A property is completely erroneous and deserves to be set aside.

“It is completely contrary to the documentary evidence. Even assuming that ISKCON Bangalore did not possess funds, and even if money came from ISKCON Mumbai, it cannot claim ownership. Only because the existence of the Bangalore branch of ISKCON Mumbai was proved, one cannot jump to the conclusion that allotment of Schedule ‘A’ property was to ISKCON Mumbai through the Bangalore branch”, said the bench, in its 56-page judgment.

"None of the documents/letters concerning the allotment of land indicate that Madhu Pandit acted as the President of the Bangalore branch of ISKCON Mumbai. The words ‘Bangalore Branch’ are not found in any of the material documents. On the contrary, all the documents, from the application for allotment to the grant of exemption under the Urban Land Ceiling Act, indicate that the application for allotment was made on behalf of ISKCON Bangalore and that allotment was made to the said Society," the bench noted.

The bench said there is nothing placed on record to show that any correspondence was made by ISKCON Mumbai with any authority or any party claiming that the allotment of Schedule ‘A’ property was made to ISKCON Mumbai. It added that no application is shown to have been made by ISKCON Mumbai or its Bangalore branch.

The apex court held that the ISKCON temple in Bengaluru belonged to the ISKCON Society Bengaluru, registered under the Karnataka Societies Act.

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