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					                                                           Item No : 308
                                                           Page No : 357
NEW JEWELLERY SECTION, TIRUMALA,
NJ1/42/AEO(NJ)/2010


    Sub:    New Jewellery Section, Tirumala – Anandanilayam –
            Anantha Swarnamayam works – Regarding.


    Ref:    1. Board Resolution No. 456, dated 20-09-2008
            2. Board Resolution No. 466, dated 25-10-2008
            3. Orders of the Hon’ble High Court of A.P., dt 29-11-2010.
                                      -      -      -

NOTE

            TTD Board in its Res.456, dt.20.09.2008 has resolved to make
“Anandanilayam Anantha Swarnamayam” in Sri Tirumala Temple by
providing Gold coating to the main sanctum sanctorum inside Sri
Venkateswara Temple. The Estimates, Tender documents have been
prepared and the same was placed before the Jewellery Technical Advisory
Committee consisting of expert Jewellers and Diamond Merchants for their
suggestions and advice in taking up this project. The Jewellery Technical
Advisory Committee meetings were held on 1.10.2008, 20.12.2008 and
04.02.2009, to deliberate on this project and approve the estimation of
quantity of materials required for taking up this project, Pre-Qualification
conditions etc.. It was also suggested by the Advisory Committee Members
that the Project may be taken up in two phases. The first phase is making
Swarnamayam on the outer walls of Sri Tirumala Temple (Starting from the
wall nearer to Srivari Bell and ending at Hundi) and in the Second phase the
inner side of the outer walls called as “Vaikunta Dwaram ”. The designs
have been prepared by Padmasree Ganapatny Stapathy and duly approved
by the then Executive Officer and Chairman, TTD.


           The tenders have been floated in the month of February 2009 for
preparation of pure gold leaf malam work on the copper sheet consisting of
11 layers which includes conversion of gold into gold foils, cutting melting,
sheeting buffing and finishing etc., and fixing the gold malam sheet on the
walls of Sri Tirumala Temple. The Tenders were opened on 26-02-2009 and
the labour charges quoted by M/s Nikhila Metal Arts & Crafts, Tirupati and
Gnanam Enterprises, Kochin are one and the same. It is not out of place to
mention that TTD is providing required material for this Gold Malam work and
the Labour Charges alone have to be paid to the Tenderers.


        The Board again in its Resolution No. 707, dt. 28-02-2009, resolved
to constitute a Core Committee with one Member from Chennai and one
Member from Local area as members to negotiate with the short listed
tenderers, L1 & L2 i.e. M/s Nikhil Metal Arts & Crafts, Tirupati and M/s
Gnanam Enterprises, Kochin. The Trust Board has also resolved to utilize
the services of Sri Ganapathi Sthapathi and Sri S.P.Perumal Achari as
Advisors to implement this project.
                                                   Page No :358

            Accordingly, the work was entrusted to M/s Nikhila Metal
Arts and Crafts, Tirupati and M/s Gnanam Enterprises, Kochin at the
following Labour Charges and Wastage as negotiated by a Core
Committee, consisting of Jewellery Technical Advisory Committee
members and the Chief Accounts Officer, TTD.

                               Labour charges             Wastage
        Particulars
                                  payable                 allowed
          Copper Work             Rs.600/- Per Kg          5%
       Gold malam work          Rs.32/- Per Gram           1%


        The entire work has to be completed within 6 (Six) to 9 (Nine)
 months from the date of acceptance of the work order by the contractors
 to the utmost satisfaction of TTD and shall confirm to the specifications
 including final fitting of Copper Sheets on the temple walls. For incomplete
 and improper work, TTD has right to cancel the work by terminating the
 agreement and forfeiting the tender deposit even without the intimation to
 the contractors. In this regard, the contractors are liable, to make good
 the loss sustained by TTD due to entrustment of work to any other
 Contractor at higher rates or any claim that may arise against TTD
 because of the delay in the work or any other reason as the case may be.

      Again, TTD Board in its resolution No. 40, dated 23-05-2009, has
 approved

 (A)        for procurement of gold from MMTC duly authorizing the
            Executive Officer to take all steps including negotiations with
            MMTC for obtaining the gold.

 (B)       to exchange the gold received / to be received under donation
           towards Anandanilayam – Anantha Swarnamayam Scheme (less
           than 99.9% purity) with MMTC by 99.99% Pure Gold duly
           authorizing the Executive Officer to negotiate for making the
           differential payment to MMTC in this regard.


 (C)        to accept the proposal in principle and to authorize the Executive
            Officer to deliberate and negotiate the modalities of establishing
            the Assaying and Sampling Unit including Furnace at Tirupati by
            MMTC.


    In this regard, TTD requires around 195.000.000 Kgs of Gold with purity
99.99% and 6 tonnes of Copper with not less than 99% purity to complete
the work of Anandanilayam – Anantha Swarnamayam. Even though
                                                        Page No :359

TTD Board in Resolution No. 466, dated 20-10-2008, it was approved for
140.000.000 Kgs of Gold for laying 9 layers, in JTAC meeting (after the
Board Resolution) where the Chairman has chaired it was decided to lay 11
layers of gold having 99.99% purity which may require approximately
195.000.000 Kgs of Gold.


           The Contractors have been asked to prepare the Copper works
with out fixing copper or brass screws which are visible ugly in the existing
works at Tirumala Temple. Mr. Senthil has informed to make a frame to
fix on the copper sheets and suggested to go for “Top Hat section
fabrication” out of Stainless Steel and fix the same using fasteners. It was
appraised to the then Executive Officer that the new untested method
should be technically examined by the Engineering department and to be
certified by Jewellery Technical Advisory Committee members since this
has to stand for decades facing the natural fury and ire. It has been
approved by the then Executive officer to fix the above as sample and the
response is pending from the contractor.


         The Copper work has been taken up at first instance and in around
3000 Kgs of Copper designing work has been completed. The Gold foiling
work has been taken initially for around 4.538.000 Kgs and afterwards it
was stopped. In the said 4.538.000 Kgs of Gold Foils, 1.470.000 Kgs of
Gold has been used towards malm work of two pillars and the remaining
Gold is kept intact as Foils in Safe Custody.

       At this juncture , the writ petitions are filed before the Hon’ble
 High Court of Andhra Pradesh as detailed below.

A. W.P.No. 9004 of 2010, filed by Sri G.Raghava Reddy, Hyderabad


 1)     The inscriptions are an invaluable record of the offering of
 the
        devotees, in description of the various ceremonies and rituals
        performed to the Deity, the details of the food offerings made the
        Deity, the manner and method of recitations of Vedas in the
        Temple, the details about Tirumanjanam or Abhishekam to the
        Deity, the Utsavams or festivals performed over these 11
        Centuries, the arrangements made for the devotees to go up the 7
        Hills, the feeding house and water sheds arranged for their benefit,
        the extension and repairs of the main temple are some of the
        details which have been set out apart from the details relating to
        the temple administration.


  2)    In 2005, Sri M.K.Srinivasa Bhattacharya had opined that the gold
        plating of the Vimana Prakaram would be against the Agama
        Sastras.
                                                                Page No :360
     3)      In view of the language from Sections 97 and 97 B, it would
             be Clear that the Tirumala Tirupati Devasthanam Board has
             now been given control of the religious affairs of the temple
             also and reading of the provisions would lead to an
             unescapable conclusion that the religious affairs of the temple
             would also be regulated by the Board of Trustees and it is set
             up under Section 97A of the Act.


     4)      This project is being undertaken merely to fulfill the whims
            and fancies of the board.


     5)     Resolution no. 456 states that care would be taken for
            preserving the rare inscriptions after taking the opinion of the
            experts as well as Peetadhipathis and Agama Pandits. No such
            consultation was not done so for to the best of his knowledge.


B.   W.P. No. 9581 of 2010, filed by Parameswara Seva Samithi,
East Godavari District.


    1)       There are 740 inscriptions /epigraphy on the Temple walls
            dateing back from 9th to 17th centure AD are in Tamil,
            Grantha Character, Telugu, Canarese and Devanagari Script.
            The inscriptions clearly indicate that the temples of Tirumala
            enjoyed the patronage of the sovereign            rulers, chief
            ministers, viceroys, commanders-inchief, jiyars, generals,
            scholars etc. The inscriptions / epigraphy not only mirror the
            gifts of villages, jewels, money, etc., made by the foregoing
            persons but also reflect the socio-religious and economic
            insights of different time periods.


     2)      Gold Plating the Temple will necessarily mean that the
           inscriptions / epigraphy on such walls will have to be
           destroyed / erased / defaced first, and thereafter, gold plated.
           This will certainly certail result in the violation of Article 25 of
           the Constitution of India cause irreparable loss to the
           engraved inscriptions, to the cultural heritage so far
           seemingly reasonably preserved, and to the antiquity of the
           Temple’s structures.


C) W.P.No. 6609 of 2010, filed by Dr. Subramaniyan Swamy,
   President of Janata Party.
     1)    The resolution violates Circular No. 37/76 dated 06-05-1976
          and
          Office Circular No. 27/71 of 25-10-71 for not being conformity
          with Shilpa Shastrans or for not having being prepared by
          Stapathis, or according to Agama Shastras, and for being
          entrusted to private companies for completion of the project
                                               Page No : 361


2) Gold plating in the sanctum sanctorum is not a secular activity.


3) Tirumala Tirupati Balaji Temple is being considered for world
   heritage status by the UNESCO, any construction altering the
   sacred character of the temple and committing sacrilege
   would attract the penal provisions of the India Penal code and
   in particular section 295 A


         The Hon’ble High Court has stayed the Anandanilayam –
 Anantha Swarnamaym work at the first instance and the work shop
 was closed because of the interim orders. Counter Affidavits were
 also filed by TTD and pleadings from the petitioners were heard by
 Special Divisional Bench (34th Court) from time to time and finally,
 the W.P.Nos. 9004, 6609 and 9581 of 2010 are allowed the decision
 taken vide resolution No. 456, dated 20-09-2008 of the TTD Trust
 Board, is set aside. In this regard, in the order, the salient points
 are mentioned as follows.

        1.   Having regard to the aforesaid provisions of
             Ancient Monuments and Archaeological Sites and
             Remains Act, 1958 (Act 24 of 1958) and a
             reading with other provisions as provided for, it
             contemplates a complete protection of antiquities
             and monuments. The definition of ‘ancient
             monument’ as mentioned above is wide enough
             and would take in an inscription or monolith,
             which has been existing for not less than 100
             years. Admittedly, the Devasthanam and the
             inscriptions, which are the subject matter of the
             present dispute, are no doubt quite ancient in its
             existence and fall well within the definition of
             ‘ancient monument’ under Section 2 of the said
             Act. There is no dispute with regard to the fact
             that these inscriptions on the stones or
             stonewalls are in existence for more than 100
             years and even the contents of the inscriptions
             also quite date back for beyond the prescribed
             period.
        2.   It is quite evident and there cannot be any
             dispute to the fact that the inscriptions, which
             are the subject matter, are antique and ancient
             in its nature and that the authorities more
             concerned with such ancient monuments etc. has
             given opinion as to how the stone wall
             inscriptions could get affected in the event of
             such gold plating as was proposed by the Board
             by the impugned resolution.
                                         Page No : 362

3.   The rights under Acticles 25 & 26 of Constitution of
     India are not such an absolute or unlimited, but
     subject to public order, morality and health and other
     fundamental rights that might be impinged upon.
     That apart, under Article 26 every religious
     denomination or any section thereof has a right to
     establish and maintain religious and charitable
     institutions, to manage its own affairs in the matters
     of religion, to own and acquire movable and
     immovable properties, and to administer such
     properties in accordance with law. Under Articles 27
     and 28, a freedom as to payment of taxes for
     promotion of any particular religious institution is
     contemplated. For the purpose of present case, it is
     not necessary to delve into these two latter
     provisions. However, on an overall consideration the
     object behind is an ideological neutrality is sought to
     be maintained with respect to any endowment or
     trust associated to the religious freedom.


4.   Ultimately, having regard to the facts and
     circumstances of the     present case, it necessitates
     us to consider the aspect of demarcation between
     religious aspects and the secular responsibilities. No
     doubt, under the aforesaid provisions, public interest
     is a controlling lever to justify a reasonable
     restriction. There cannot be any doubt nor a dispute
     to the basic concept that in matters of religion, the
     right of a management is a fundamental right and the
     same cannot be taken away. However, as far as the
     administration of any institution is concerned, it can
     always be controlled by a legislation.


5.   There is a scuttle distinction between religious and
     secular activities. Necessarily it follows that what all
     is permitted or allowed under the law is only in regard
     to the secular activity by various bodies as constituted
     under the respective legislations, but certainly not in
     regard to its activities. What constitutes the religious
     activity and what constitutes the secular activity is
     again a moot question which necessarily has to be
     considered from each and every situation and facts
     and circumstances. Managing an institution is a
     secular but not attending its in-house affairs or
     concerns. he later is a religious – the religious aspect
     is a core related tenets, which comprehensively
                                            Page No : 363

       takes in its own mode of practices, ceremonies and all the
       connected material aspects. The deity is a center point,
       which is a nodal point for which the institution caters for.
       The location of the deity, the sanctum sanctorum and all
       other vastu or agama needs and structures go along with
       it.

6.    The decision to provide gold plating to the main sanctum
       sanctorum inside Sri Venkateswara Swamy Temple does
       not refer to any pre-decisional consultations or opinions
       btained from the concerned quarters, like Peethadhipathis
       or Agamashastras. In fact, the resolution after its decision
       only contemplates such opinion to be obtained later.
       Admittedly, there exist no consultation or prior approval
       from the engineering perspective or even in regard to the
       financial involvement. It was also categorically admitted
       that there is no project report prepared earlier or
       available. It shows clearly the whimsical approach made
       by taking every thing granted without any pre-exercise.


7.    The arising decision has been taken by the Board in its
       meeting held on 20-09-2008. Admittedly, there has been
       no prior notice nor Agenda in this regard nor any attempt
       on the part of the authority concerned including the Board
       to come out with any due approach of consultation with the
       concerned authorities like engineering, finance or
       otherwise. Therefore, the said decision is simply as an
       arising one without there being any foundation laid or any
       material existing as on the date of the said resolution, as
       could be evidenced from the very record produced by the
       learned Advocate General, and every other decision is only
       sought to be taken after the resolution is passed and not
       before. The minutes do not disclose any discussions or
       participations by members. Apparently, it is a hurried
       through decision. Such an important decision could not
       have been taken either in haste or without a proper peep
       into its pros and cons. In these circumstances, the entire
       impugned action is arbitrary and hit by Article 14 of the
       Constitution of India.


 8.   On the entire consideration of the historical background, as
      stated, it could be evident that the temple in question is an
      ancient one and those inscriptions on the walls right
      immediate around the main Deity are existing from times
      immemorial. We have an opportunity of hearing from both
      sides as to the contents of the said inscriptions. They
      pertain to various aspects, as submitted by the counsel,
      including
                                           Page No : 364

 the contributions and donations made from times
immemorial by the then kings etc. apart from the regular
service to be conducted. Necessarily even on a bare reading
of these inscriptions, which run into several pages, which
was printed in a book form, it certainly pertains to the temple
and the God presiding therein. The inscription certainly does
not pertain to any other aspect other than concerning the
presiding Deity and its affairs. Therefore, it cannot be
totally alienated to put it on any platform. These
inscriptions are, therefore, directly connected in
respect of the affairs of the religious aspects of the
presiding Deity. Therefore, apart from the fact that the
walls are immediately next to the very presiding Deity, these
inscriptions are of immense value and greater importance on
the religious aspects. Therefore, the same cannot be
separated or segregate with that of the main Sanctum
Sanctorum. We had an opportunity of reading through
several other material produced across the bar including a
Report in connection with the demolition of certain structures
outside the temple, which clearly shows that these four walls
form part of the main Sanctum Sanctorum and cannot be
treated as any other compound wall or a wall far beyond.
Therefore, the Deity and Sanctum Sanctorum goes along
with the four walls around and they stand together for all the
purpose of religious activities. In fact, we are informed that
even immediately outside of these inscriptions or stonewalls,
several other religious rites and ceremonies are being
performed everyday in and out and on the important
occasions. Therefore, the question of treating those walls or
inscriptions as such as bare structures unconnected with
Deity cannot be accepted. The provisions of the Ancient
Monuments and Archaeological Sites and Remains Act, 1958
(Act 24 of 1958) and the Rules made thereunder do
contemplate constitution of Board for the purpose of
administration of the institution and its affairs, but certainly
these powers cannot take nor can be permitted in respect of
any religious activities. It is only in respect of any such
secular nature, such decisions can be taken unimplemented
by the Board, but not anything which is connected directly or
indirectly with the religious affairs. Thus it is hoped that
having regard to the nature of the inscriptions and the same
being part of the very Sanctum Sanctorum as such, the
Board could not have possibly taken up such issue meddling
or tinkering with the inscriptions existing on the walls by
proposing gold plating or otherwise in any manner. Such
decision is totally outside the powers, authority and
jurisdiction as vested with the Board under the provisions of
the Act.
                                                  Page No :365

9. The attempt on the part of the respondents, including the Board, was
   to the effect that the project would not affect the inscriptions.
   However, there is no other material forthcoming from proper quarters,
   technical or otherwise, to rebut the above apprehensions as pointed
   out in the reports, about the damage, that is likely to be caused. The
   inscriptions are thus not only historical and ancient but are closely
   connected to the institution. Irrespective whether the institution is
   notified or not under the above Act, the tell-tale story can not be
   brushed aside, nor can be done away with. Issuance of a notification is
   only for the purpose of activating the Governmental machinery and
   with a view to confer powers for the purpose of taking steps to protect.
   But absence thereof, would not loose its ancient and historical
   existence and nature. And it deserves the equi respect treatment and
   consequent protection. The authorities concerned should consciously
   raise to occasion and appropriately take all such apt measures
   expediently. Thus we hold that the entire impugned action is not in the
   teeth of the mandate not only under Articles 25 and 26 of the
   Constitution of India, but also under the provisions of the Andhra
   Pradesh Charitable and Hindu Religious Institutions and Endowments
   Act.



10. For the aforesaid reasons, it was held that prima facie the impugned
    decision is bereft of adherence to the bare procedure contemplated
    under the law and not supported by any due prior exercise as normally
    required. Further the same is wholly vitiated in view of its hurried
    through decision by way of arising resolution. That apart, it was also
    held that any meddling with these ancient inscriptions on the
    walls of Sanctum Sanctorum would amount to interdicting
    with the religious aspects of the institution and it cannot form
    part of any secular activity and as such, the same being
    without any jurisdiction is violative of Articles 25 and 26 of
    the Constitution of India.
11. Accordingly, the W.P.Nos. 9004, 6609 and 9581 of 2010 are allowed
    and the decision taken vide Resolution No.456, dated 20-09-2008 of
    the Tirumala Tirupathi Devasthanam Board, is set aside. No costs.

        Hither to TTD has received donations for Anandanilayam –
   Anantha Swarnamayam Scheme as follows.
                                                       Page No : 366


                In Ananda Nilayam – Anantha
                 Swarnamayam Account No.                   Approximately
 BANK      055810011200088, Andhra Bank, Tirumala               32 lakhs
                          Branch

                FDR : Karur Vysya Bank, Tirupati       Rs.12,86,70,000.00
           Available at                   4.538.000
                          99.99% purity                   94.809.100
 GOLD       Treasury,
              TTD,         Other than     90.271.100          Kgs
             Tirupati     99.99% purity


       In the circumstances of the Hon’ble High Court setting aside the
decisions taken to provide Gold coating to the main sanctum sanctorum, the
salient points on the basis of which the Hon’ble High Court has set aside the
Anandanilayam – Anantha Swarnamayam works is submitted for information
and the following is placed before the Specified Authority for taking suitable
decision.

      1.      In respect of Gold deposits and cash deposits received by TTD
              for Anandanilayam – Anantha Swarnamayam works an option
              may be given to the donors whether to receive back the Gold /
              Cash deposits made by them and if the donors are interested to
              receive back the same, suitable consent letters may be obtained
              from them to return and in this regard, the privileges may also
              be suitably withdrawn.

      2.      If the donors are not interested to receive back the Gold,
              suitable consent may be obtained whether the same may be
              utilized by TTD for any other purposes including keeping the
              Gold as Treasure for Lord and in these cases, the existing
              privileges given under Anandanilayam – Anantha swarnamayam
              works may be continued to them.


      3.      Similarly, if the donors are not interested to receive back the
              cash deposits made, an option may be taken from the donor to
              transfer the cash deposits made for Anandanilayam – Anantha
              Swarnamayam works to any other Trust / Trusts in TTD as the
              case may be and the privileges as offered in those trusts may be
              extended to them. In this regard Resolution No. 466, extending
              the privileges to the donors            for Anandanilayam –
              Ananthaswarnamayam works has to be set aside hence forth.
                                             Page No : 367


4.    The copper designing works already prepared may be
          utilized for
      any other purposes in TTD and the usage of gold of
      1.470.000 Kgs for malam works on the copper designed
      pillers which was taken up as instructed by the then
      Chairman may also be ratified.


                             -     -     -
           Res. No. 308 dated 20-01-2011
                Approved as proposed.
     If any ornament as required in Tirumala
     Temple or other temples if the donors are
     willing can be prepared and offered to the
     concerned temple.

                                       Sd/- Chairman,
                                  TTD Specified Authority

				
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