Encroached, unauthorizedly occupied properties to be retrieved
*DM Anantnag directed to take over mgmt of 2 temples
Mohinder Verma
JAMMU, July 11: In a significant development, a Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Sanjeev Kumar and Justice M A Chowdhary has clubbed all the matters relating to the protection of temples and their properties in the Kashmir valley, which were either sold, sub-let, leased, encroached or unauthorizedly occupied during last three decades.
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It is pertinent to mention here that by resorting to threats or by way of pumping the unlawfully earned money certain elements grabbed the properties worth crores of rupees of several temples in different parts of Kashmir valley in connivance with the insiders. All these transactions, later, turned out to be sham and illegal as the properties of the temples cannot be sold or given to any third-party the way it has been done.
The Division Bench of the High Court has started hearing these matters by clubbing the same and on the submissions of the counsels for the Union Territory Government has directed a District Magistrate to take over possession of temples and their properties from the miscreants whether insider or outsider.
While hearing OWP No.1800/2013, the DB observed, “in this petition, there appears to be a claim and a counter claim by the petitioner and newly impleaded respondent with respect to the management of Shri Raghu Nath Mandir and Nagbal Gautam Nag Temple in Anantnag”, adding “the petitioner claims that he having been appointed as Manager by Mahant Madhav Das Ji, is managing the affairs of both the temples since June 2010 and the newly impleaded respondent, who is a stranger to the temples’ properties, is only a busy body having no interest or stake in the management of the properties and the temples”.
After hearing counsels for the parties and perusal of the record, the DB said, “we are of the considered opinion that these two shrines along with the properties attached thereto are neither vested in the petitioner nor in the newly impleaded respondent. The properties vest in the deity and therefore, are required to be managed in an effective and peaceful manner”.
“Keeping in view the rival claims made by two sides, it would be appropriate that both the temples and their properties are put under the management of District Magistrate Anantnag leaving the petitioner as well as newly impleaded respondent free to agitate their rights before the civil court”, the DB said and in order to preserve and protect the temples and their properties disposed of the petition by directing the District Magistrate Anantnag to immediately take over the management of both the temples if not already taken over.
The District Magistrate shall also ensure that the properties belonging to these temples are restored after following the due process of law. Moreover, the District Magistrate may constitute a committee of responsible officers to manage the affairs of both the temples and properties in an effective manner, the DB further directed.
In OWP No.351/2012, it was submitted before the Division Bench that order dated 6th of January, 2009 passed by Additional Deputy Commissioner Anantnag whereby directions were issued for verifying the matter on spot and to remove unauthorized occupation if the encroachers fail to produce any written consent of the migrants, is being used as an order of eviction against the petitioners, who have even not been provided the opportunity of being heard.
While allowing the petition, the DB quashed the impugned order and remanded the matter back to the District Magistrate Anantnag for proceeding strictly as per the provisions of the J&K Migrants Immoveable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997.
This approach of the Division Bench of the High Court will govern the fate of several pending cases and now the matter has been listed on July 18, 2024.
As per the sources, the Government has also directed its officials to retrieve the encroachments and illegally sold land to the third parties and restore the position of the temples. “The properties which were occupied and encroached directly or indirectly in Bulbul Bagh Barzulla area of Srinagar, which actually belongs to Hanuman Mandir, are also likely to be taken up for hearing on July 18”, sources added.
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