Resolution 99 - Sri Venkateswara Temple
Resolution 99 - Sri Venkateswara Temple
Resolution 99 - Sri Venkateswara Temple
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NJDJTJ2;-<br />
P VTML/8 1.<br />
It >o. <strong>99</strong><br />
P "C • 20S<br />
Subs- TTD - Panohayat, Tirurnala - Acquisition<br />
of property in T.S.No.8-3-C, North Mad a<br />
Street, Tirurnala - N.P.No.17393/90 and<br />
• C.P «Noo3959/91 filed by <strong>Sri</strong> Vyasaraja<br />
Mutt, Tirurnala - Writ Petitions disposed<br />
with orders of the Hon'ble I-^qh Court -<br />
Representation, received from'"the G.P.A<br />
Holder, Vyasaraja Mutt, Tirurnala - Reg.<br />
Refs- Representation dt.27-11-95 of the G.P.A<br />
Holder, <strong>Sri</strong> Vyasaraja Mutt, Tirurnala.<br />
- coo -<br />
The property in T.S.No.8-3-C known as <strong>Sri</strong><br />
Vyasaraja Mutt situated in North Mada Street, Tirurnala<br />
with an extent of 5, 959 sft was acquired through Land<br />
Acquisition duly sanctioning compensation amount of<br />
Rs. 6, 52,773/- for widening of the road and for construction<br />
of Kalyanamandapam and cottages for pilgrims as per<br />
Award No,29/90-91, dt.15-2-91. To mitigate hardship to<br />
the above Mutt, the TTD Board has considered to allc-t<br />
an alternative vacant site measuring to an extent of<br />
5, 900 sft in Kolaigunta land at Tirurnala on lease basis<br />
(Plot No. 2) on par with other mutts at Tirurnala*<br />
<strong>Sri</strong> K. Venkatesacharya, G.P.A Holder of <strong>Sri</strong><br />
Vyasaraj a Mutt, Tirurnala has filed the following writ<br />
petitions before the Hon'ble High Court of Andhra Pradesh<br />
and not handed over vacant possession of the mutt building.<br />
1) W.P.NO *8551/88;- The High Court by an order dated<br />
7-6-88 fnl?.¥>i.P.NOo 10606/88 in W.P.No.8551/88 stayed<br />
the dispossession of the petitioner's mutt building<br />
bearing D.No.1/67, North Mada Street, Tirurnala.<br />
The tenants of <strong>Sri</strong> Vyasaraja Mutt, Mrs. Sulochana<br />
Reddy, <strong>Sri</strong> ^agi Reddy, <strong>Sri</strong> Sankar Reddy, and <strong>Sri</strong><br />
Jayaram have also filed another writ petition before<br />
the High Court in W.P.No. 7946/88. The High Court in its<br />
order dt. 19-5-88 in W.P.M.P.No.9896/88 in W.No.7946/88<br />
stayed the dispossession of the petitioners from the<br />
building. Subsequently, the writ petition was dismissed<br />
on 23-3-89 along with a batch of writ petitions. Aggrieved<br />
by the above, the petitioners in W.P.No.8551/88 and<br />
7946/88 have filed writ appeals in W.A.No. 1373/89 and<br />
185/90 and the writ appeals were also dismissed on<br />
16-3-90.<br />
2 ) No, 17393/90$- In this writ petition, the prayer<br />
of the C.P'.A of <strong>Sri</strong> Vyasaraja Mutt is "to declare the<br />
proposed action of the respondents to acquire the building<br />
at D.No o1/67, North Mada Street, under Land Acquisition<br />
Act as arbitrary, unjust and illegal, (2) the
p-g- No. 209<br />
I-Jotice issued by the Spl 0Dy .Collector (l.a) , TTD, Tiruo^ti<br />
as arbitrary, illegal and void and. to suspend the operation<br />
of orders issued in Roc.No.S/101/81, at. 10-12-90 and<br />
all further proceedings including dispossession," In<br />
this writ petition, the Hon'ble High Court has Granted<br />
stay of dispossession on 7-12-90. " "<br />
li^P-NO, 3 959/93;- In this writ petition, the prayer of<br />
the petitioner is that the proposed action of the resoondant<br />
to acquire building site in D.No.1/67, <strong>Sri</strong> Vyasaraja<br />
Mutt and <strong>Temple</strong> and <strong>Sri</strong> Anjaneyaswamy <strong>Temple</strong>, north Mada<br />
Street is illegal and to declare the Award proceedings<br />
as illegal.<br />
The above two writ petitions i.e. No. 17393/90<br />
and 3959/91 were disposed off by the Hon ! ble High Court<br />
of %idhra Pradesh on 20-11-95 with the following directions.<br />
"It is the question to be considered by the Trust<br />
Board of the Devasthanams. Nov/ in the Trust Board,<br />
His Holiness Sree Sree Sree Chinna Jeeyar Swamy is<br />
a Member. Therefore, it would be appropriate that<br />
the matter is considered by the Trust Board. If it<br />
is not possible for the Trust Board, it may constitute<br />
a Committee of which His Holiness Chinna Jeeyar is<br />
member for considering the matter. Therefore, we<br />
direct the petitioners to make representation to the<br />
Trust Board within two weeks from today. On filing<br />
such representation, the Trust Board will consider<br />
and dispose the same within a period of two months<br />
thereafter. 11<br />
In pursuance of the directions of the Hon'ble<br />
High Court of Andhra Pradesh, <strong>Sri</strong> K. Venice tasacharya,<br />
G.P.A Holder, <strong>Sri</strong> Vyasaraja Mutt, Tirumala has submitted<br />
a representation dt.27-11-95 requesting the authorities<br />
to acquire only 15 1 (Fifteen feet) wide site in front<br />
of <strong>Sri</strong> Vyasaraja Mutt situate at D.No. 1/67, in North<br />
Mada Street, Tirumala duly paying reasonable compensation.<br />
A copy of the representation of the G.P.A is annexed<br />
for kind perusal.<br />
In this connection, the opinion of <strong>Sri</strong> M. Audinarayana<br />
Raju, TTD Standing Counsel, Hyderabad is obtained<br />
vide his letter dt.31-3-96 and put up for perusal. The<br />
T.T.D Counsel in his opinion stated that since the Trust<br />
Board is functioning, it can consider and take a just<br />
and reasonable decision on par with other similar mutts.<br />
The order did not mean that in the event of His Holiness<br />
<strong>Sri</strong> Chinna Jeeyar Swamy is not a member of the Trust Board,<br />
then constitute a Committee of which H.H. <strong>Sri</strong> Chinna<br />
Jeeyar Swamy is a member."<br />
'• In this content, it is submitted that the entire<br />
properties in four mada streets were already acquired<br />
for taking developmental activities like widening of<br />
roads, construction of choultries, Kalyanamandapam to<br />
<strong>Sri</strong>varu, etc., for which Awards have already been passed
on almost all the properties. Some properties were<br />
already taken possession and structures have been<br />
demolished* At this stage, it is not justifiable to<br />
consider the request of a single property as it will<br />
obstruct the entire Land Acquisition process as well<br />
as the developmental activities,, Infect, there are<br />
other properties wtoich were also acquired on which<br />
small shrines were existed in the premises.<br />
P?.g No. 210<br />
In view of the above circumstances, the matter<br />
is placed before the Board of Trustees, TTDs for taking<br />
a decision.<br />
Sd/- Chairman,<br />
TTD Trust Board.
Copy ofs<br />
To<br />
End. to I'': - m v0-> <strong>99</strong><br />
P -c • 211<br />
<strong>Sri</strong> Moo la Gopala TCrishno Vijayat^<br />
SP-I WASARAJA MUTT (SOSAL 2) .<br />
No01/67/ North Mada Street, Tirumala, A.P.<br />
The Chairman of the Trust Board,<br />
Tirumala Tirupati ^evasthaaams,<br />
Tirupati,<br />
Through the executive Officer,<br />
Tirumala Tirupati Devasthonams,<br />
Tirupati.<br />
Respected Sir,<br />
Tirumala,<br />
Lt.27-11-95.<br />
Representation submitted by Dr.K.Venketesa Acharya,<br />
G.P.A of <strong>Sri</strong>mad Jagadguru Madhvacharya Moola Mahasamsthanam,<br />
<strong>Sri</strong> <strong>Sri</strong> 1008 <strong>Sri</strong> Vidyapayonidhi Theertha Sreepadangalavaru,<br />
Peethadhipathi, <strong>Sri</strong> Vysya Raja Math<br />
(Sosale),.<br />
I am to bring to your kind notice, that a Division<br />
Bench of the Hon'ble High Court of A.P., Hyderabad while<br />
disposing the T7.P.Nos.17393/90 and 3959/91 on 20-11-1<strong>99</strong>5<br />
(copy enclosed herein), was pleased to direct us to make<br />
a representation to you and on filing representation,<br />
ordered that the Trust Board would consider and dispose<br />
the same within 2 months thereafter. Hence I am presenting<br />
this representation with the following facts for<br />
your kind consideration.<br />
2) 3«peror <strong>Sri</strong> Krishna Devaraya ruled about 500 years<br />
ago, the whole South India and Central India. It is the<br />
History that Emperor <strong>Sri</strong> Krishna Devaraya, made tho then<br />
religious scholar and saint <strong>Sri</strong> Vyasaraja/ as Raja Guru.<br />
The same JSmperor out of his profound gratitude for having<br />
saved him from the constellation of evil star, called<br />
! 'Kula yoga 1 performed 'Kanakabhisheka' to <strong>Sri</strong> Vyasaraja<br />
and conferred on him many honours to be enjoyed by him<br />
and his successors. According to Tirumala Tirupati Devasthanams<br />
inscriptions Vol.Ill, two sites in Tirupati and<br />
two sites in Tirumala were granted to Raja Guru Vyasaraja<br />
by <strong>Sri</strong> Krishna Devaraya, and he was authorised to build<br />
his own Math am in these sites both at Tirumala and Tirupati<br />
and enjoy for ever (Aachandrarkam) , and to receive<br />
some provisions for daily use and arch ana in the Math am.<br />
In pursuance of this grant, <strong>Sri</strong> Vyasaraja founded the<br />
Math, at Tirumala, during his life time. He served Lord<br />
<strong>Sri</strong> <strong>Venkateswara</strong> Swamy varu .for 12 years when there were<br />
no eligible archakas to render Archakatvam. The said<br />
Math is now located in North Made Street, Tirumala and<br />
numbered as 1/67 • During the life time of <strong>Sri</strong> Vyasaraja<br />
Swamy, he constructed Mandapam on the North Bank of <strong>Sri</strong><br />
Swamivari Pushkarini and just opposite to Matham and<br />
installed <strong>Sri</strong> Anjaneyaswamy in it. He was offering morning<br />
prayers before the said <strong>Sri</strong> Anj aneyaswamy and^ offering<br />
1 rrivedana 1 daily prepared in the Matham. This<br />
practice of offering prayers to <strong>Sri</strong> Anj aneyaswamy in<br />
T Ahnika Mandapam 1 and offering 'ITivedane' prepared in the<br />
Math is still continued.
Pno-: No .212<br />
3) Sanskrit scholars etc were stayino h :.re for study<br />
and propogation of 'Dwaitha' philosophyT Laciples'of<br />
this Math were visiting Holy Tirurnala in larce numbers<br />
through out the year will stay in this Math/ The deciples<br />
of this Math will be performing the 'Upanayanam f s<br />
and marriages of their children in this Math. In view<br />
of the importance of this ancient Math, it is customary<br />
to offer r Arathi 1 to the 'Utsevamurthies' of <strong>Sri</strong> Lord ~<br />
<strong>Venkateswara</strong> Swamy varu, by this Math authorities whenever<br />
taken in Main Prakaram. Jven during 'Radhotsavam 1 ,<br />
Radham will stop in front of this Math am "and 'Arathi*<br />
will bp offered to Lord <strong>Sri</strong> <strong>Venkateswara</strong> Swamy Va.ru. On<br />
every 'Krishna Janmasthami 1 day, Lord <strong>Sri</strong> <strong>Venkateswara</strong><br />
Swamy Vari Utsava Murthies will be brought inside the<br />
Math and 'Nivedana 1 and 'Arathi 1 are offered to Lord at<br />
that time and T.T.D Authorities offer 1 Parivattara 1 to<br />
Math authorities. This is a rare privilege enjoyed only<br />
by <strong>Sri</strong> Vyasaraja Math since its inception.<br />
4) The management of ^irumala Tirupati Devasthanams<br />
wants to acquire the very <strong>Sri</strong> Vyasaraja Math building<br />
under the provisions of L.A Act for widening the road and<br />
for constructing a choultry for the convenience of the<br />
pilgrims and to implement the Master Plan. This proposal<br />
of T.T.D will adversely affect not only the management<br />
of <strong>Sri</strong> Vyasaraja Math, but also several lakhs of its<br />
deciples spread as throughout the country loosing their<br />
precious right of worshiping <strong>Sri</strong> Vyasaraja Swamy in the<br />
Math and also the right of having Lord <strong>Sri</strong> <strong>Venkateswara</strong><br />
Swamy Utsava Murthies inside the Math. If the site is<br />
acquired it will be very difficult to offer 'Nivedana 1<br />
to <strong>Sri</strong> An j aney a swamy in Ahnika Mandapam and provide accommodation<br />
to several thousands of deciples to the Math<br />
when they come for the Darshan of Lord <strong>Sri</strong> <strong>Venkateswara</strong><br />
Swamy Varu.<br />
5) We filed a Petition before the Commissioner, Endowments<br />
Department, A.P., Hyderabad, under Sec.87(1) (e)<br />
read with* Sec. 119 of A.P..Endowments Act. 30 of 1987, to<br />
enquire and decide that our Math is entitled by customs<br />
(1) to have Lord <strong>Sri</strong> <strong>Venkateswara</strong> Swamy Utsava Murthies<br />
inside Matham on Gokulastami day.<br />
(2) to offer Arathi to the Lord on Radhotsavam day and<br />
on all other days whenever taken in Gramotsavam.<br />
The Learned Commissioner after conducting thorough enquiry<br />
in 0.A.No.6/90 in his order dt.21-1-92, (copu enclosed),<br />
held thct it is an irrefutable fact that our<br />
Math is an ancient Math, which represents the pious<br />
motive of heads of Math to give shelter and solace to<br />
pilgrims in offering 'Arathi 1 before the Math, that<br />
thereby have spiritual satisfaction, that he was of: the<br />
view that a via-media between the two is possible if<br />
the T.T.Ds could acquire only that much of site about<br />
15 1 infront of the Math without resorting to whole sale<br />
demolition of the Math, building and that the rest of<br />
the building and site can be allowed in 'fact at the'.
Pago re.213<br />
present location so that traditional and customary 'Harathi<br />
1 could be continued without any interference 10' site<br />
infront of our Math alone is sufficient to widen the existing<br />
road. However, we are prepared to transfer 15'<br />
(fifteen) width site before our Math building to TTD for<br />
widening the road subject to payment of reasonable compensation<br />
according to present market value.<br />
6) The proposed acquisition of Math building is contrary<br />
to Article 26 of the Constitution of India, guaranteeing<br />
the right to own and accuire movable and immovable<br />
properties for managing religious affairs. The object<br />
under Art.26 was explainted by the Hon'ble Supreme Court<br />
of India, in !\arendra Prasadji Vs. State of Gujarat (AIR<br />
1974 SC 209S at page 2.103) with the following observation:<br />
,f Article 26 guarantees interalia the right to own<br />
and acquire movable and immovable property for managing<br />
religious affairs... .1 f on the other hand^ acquisition"of<br />
property of a religious denomination by the State can be<br />
proved to be such as to destroy or completely negative<br />
its rights to own and acquire movable and immovable property<br />
for even the survival of reliaious institution, the<br />
question may have to be examined in a different right,<br />
-ven a Division Bench of the Hon'ble High Court of A.P.<br />
in its common judgement dated 17-3-1<strong>99</strong>0 in :v.A.Nos. 1302/<br />
89 etc (copy enclosed for ready reference) , observed in<br />
penultimate para of the judgement at pages 37 & 38 observed?<br />
- ...<br />
"...He can take not a of the fact that T .T •D is financially<br />
'helping several other Hindu religious institutions<br />
not only in this State but all over the country.<br />
Such an institution would not destroy or demolish temples".<br />
If there are really temples in any of the lands being<br />
acquired, it is evident that TTD will take steps either<br />
to shift them to the appropriate places or make #ther<br />
appropriate arrangements consistant with the importance<br />
of the temples concerned, keeping in mind the feelings<br />
and sensibilities of the devotees concerned'. In our<br />
case <strong>Sri</strong> Vyasaraja Swamy Math in Tirumala was established<br />
about 500 years back and contains <strong>Sri</strong> Vyasaraja Swamy<br />
Brindavanam and <strong>Sri</strong> Anj aneyaswamy idol. It acquired the<br />
right of offering Arathi to Lord <strong>Sri</strong> Venketeswara Swamy<br />
Utsavamurthies inside the Math, on <strong>Sri</strong> Krishna Janmastami<br />
day and to offer 1 Arathi infront of it on Radhotsavam day<br />
and on all other days when <strong>Sri</strong> Swamy Varu utsavamurthies 1<br />
arc taken in Gramotsavam, and. is involved in acquisition.<br />
The. feeling of lakhs of deciples o^ this Math spread all<br />
over India will be wounded with the proposed acquisition<br />
of Math building and the site attached to it. lie have<br />
got no objection to transfer 15 1 feet site infront of <strong>Sri</strong><br />
Vyasaraja Math for widening the road in North Mada Street,<br />
subject to payment of reasonable compensation, arc<br />
providing facilities to the several thousands of pilgrims<br />
of <strong>Sri</strong>'Lord <strong>Venkateswara</strong> Swamy Varu and'deciples of this<br />
Math throughout the year.
i<br />
I<br />
i<br />
• ro. 214<br />
7) Hence we request th., respectable Trust Board of<br />
T T oDeva sthanams, Tirupati to consider the facts stated<br />
above and also the judgements of the Hon'ble Supreme<br />
Court of India, and the Hon'ble High Court of A.P., Hyderabad,<br />
decide and request the Executive Officer of the<br />
Devasthanams to acquire only 15' (Fifteen feet), wide<br />
site infront of <strong>Sri</strong> Vyasaraja Math situated at 1/67, in<br />
North Mada Street, Tirurnala, subj-ct to payment of reasonable<br />
compensation according to present market value<br />
and stop acquisition of the entire Math building and<br />
site attached to it.,, for which act of kindenss, the<br />
Math authorities shall ever remain grateful.<br />
The Math authorities are prepared for any discussions<br />
with the T.T.D Trust Board at any time, if informed.<br />
Encls -<br />
Yours fai th fully,<br />
Sd /- XXXXXXXXXXXXXXX,<br />
(K. VEH^ATSSA ACHARYA) ,<br />
G.P.A.Holder, <strong>Sri</strong> Vyasa<br />
raja Math(Sosale), Camp.<br />
Tirurnala, North Mada<br />
Street, Tirurnala.<br />
Copies of 1) Orders of the Hon'ble High Court of<br />
A.P at.20-11-1<strong>99</strong>5 in ;;.P.Nos. 17393/30<br />
and 3959/91.<br />
2) Orders dt.1-1-1<strong>99</strong>2 of the Commissioner,<br />
Endowments Department, A«P., Hyderabad<br />
in 0.A.No.6/90.<br />
3) Extract of Judgement of the Division<br />
Bench of the Hon'ble High Court dated<br />
17-3-90 in If.A.No. 1342/89 etc.<br />
Copy submitted to the Executive Officer, TTDs, Tirupati<br />
w.e. for information and for record.<br />
// True copy //<br />
Superintendent