CSI cannot manage Basel mission properties: High Court

Properties belonging to the United Basel Mission Church in India (UBMC) – South Canara and Coorg can no longer be managed by the Church of South India (CSI) or its affiliate bodies.

The High Court of Karnataka last week ruled that the Basel Mission properties in Dakshina Kannada and Kodagu districts cannot fall under the administration of CSI or the CSI Trust Association.

Some 1,500 properties of the UBMC, that include church buildings, prayer halls, graveyards, schools, hospitals, seminary and hostels, were managed by the CSI Trust Association for the last 40 years.

The High Court ruled that the control over the UMBC properties by CSI has been in "breach of trust" and "without any legal right".

A Division Bench, comprising Justice N Kumar and Justice AN Venugopala Gowda also directed the CSI and its representatives to submit accounts of income and expenditure of these properties from the day they assumed the office, according to a report published by The Hindu.

"The CSI/CSI Trust Association is not entitled for possession of these properties…. They got into possession through documents having no legal recognition…and acting as trustees of properties," the Bench was quoted saying.

The Bench reportedly passed the verdict while allowing the pleas of Christopher Karkada and others (beneficiaries of the UBMC) who claimed that the properties belonged to the public, charitable and religious trust formed by the UBMC during pre-Independence.

They argued that the transfer of absolute ownership of these properties to the CSI in the guise of merger of the UMBC with the CSI was illegal.

The High Court has concluded that the transfer of properties by the UBMC to the CSI Trust Association in 1970s had no recognition in law and hence these transactions were null and void.

The High Court has directed the district court in Mangalore to form a scheme for the proper administration and management of properties of the UBMC by appointing nine trustees.

The Church of South India, meanwhile, is planning to file an appeal in the Supreme Court.