The ongoing row between Pashupati Area Development Trust (PADT) and Marwari Sewa Samiti over the operation of Pashupati Dharmashala has taken a nasty turn after Kathmandu Metropolitan City (KMC) also got involved in it. An unpleasant situation was created after the KMC’s municipal police personnel were deployed to vacate the Dharmashala that is being operated by the Marwari Sewa Samiti. While the PADT has remained adamant to vacate the Dharmashala even if it takes to use the force, the Marwari Sewa Samiti argues that it is unjust to deny them to run Dharmashala which they have been operating for 84 years. As the Dharmashala that caters to thousands of pilgrims visiting the holy Pashupatinath Temple is on the verge of closure, a short-term interim order issued by the Patan High Court has provided an opportunity to resolve this dispute. The legal issues surrounding the operation of the Gaushala Dharamshala are likely complex. Land disputes in Nepal are rarely straightforward. Regardless of who owns the land where the Dharmashala sits, it has been managed by the Marwari community for over eight decades. Therefore, the issue will not be fully resolved until a final judicial decision is made. But for now, it is important for PADT, KMC and Marwari Sewa Samiti to engage in constructive dialogue to resolve this issue so that the Dharmashala is run smoothly to cater to the pilgrims visiting Pashupatinath from far and wide.
In Nepal, there is a tendency to neglect one's own responsibilities while interfering in what others are doing. It will not be wrong to say that the Marwari Sewa Samiti has been doing a commendable job running the Dharmashala for decades, offering services to thousands of pilgrims. It is surprising to see that the PADT and the KMC, which have numerous other important works to do, are eying the operation of the Dharmashala now. The office bearers of the PADT seem unaware of the tradition of maintaining Dharamshalas at almost all important religious sites. The Dharmashala in question is no exception to this tradition. PADT officials, who have leased out a Dharamshala built by a friendly nation in Tilganga area for commercial purposes, may now be tempted to rent out the land belonging to the Pashupati Dharmashala as well. As the dispute over whether to allow Marwari Sewa Samiti to continue running Dharmashala deepens, it is important to examine why the state granted this land to the Marwari community during the Rana period. The ongoing dispute cannot be resolved without understanding the historical context.
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As of now, it is not clear how the PADT – an autonomous body created by the government-- plans to operate the Dharmashala after vacating it from the Marwari Sewa Samiti. If other examples of similar nature provide any clue, the PADT, the KMC or any other government bodies will less likely be able to run the Dharmashala in an effective manner. Two scenarios are likely once the Marwari Sewa Samiti is forced to vacate the Dharmashala—either the PADT will lease it out to some private party to run it or close the operation altogether. Neither of these scenarios are ideal. Therefore, the office bearers of the PADT must prioritize the continued operation of the Dharmashala to provide services to the pilgrims arriving in Kathmandu. In this case, we believe the Marwari Sewa Samiti will be highly likely willing to sit for a dialogue to ensure its smooth operation with new terms and conditions. The federal government must intervene to resolve the ongoing dispute and let the Marwari community not feel alienated by the state body.
