Excelsior Correspondent
JAMMU, Dec 7: Division Bench of High Court comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan today directed president and two members of Executive Committee of Dewan Mandir Society to approach the Government for declaration of Dewan Mandir as protected monument,
While dismissing the PIL, the DB observed, “before filing this petition, the petitioners have not approached the Government seeking declaration of the Dewan Mandir Complex as a protected monument”, adding “Section 3 of the Jammu and Kashmir Ancient Monuments Preservation Act, 1977 contemplates that the Government is the competent authority to declare any structure as protected monument within the meaning of the Act and it is a well settled proposition of law that before seeking writ of mandamus, there must be a demand and on non-consideration of the demand, writ of mandamus can be filed”.
“If the petitioners are having any interest in seeking declaration of the Dewan Mandir as protected monument, they are at liberty to approach the Government”, the DB said.
According to the petitioners, Dewan Mandir is an ancient temple which had been constructed in the year 1897 by one Dewan Jawala and deities of Laxmi Narayan were installed there. The temple has huge property spread over kanals of land. It has 70 shops with each costing about Rs 25 lakh.
The temple was given to Dewan Jawala and Pujaries were appointed for the maintenance of temple. The temple has its own history and has been discussed in various books. But at present the temple property is being destroyed and some part of it is being encroached and a portion of temple property has been converted into parking by Jammu Development Authority.
“There is no maintenance of the temple property by Jammu Municipal Corporation and the JDA. The Deputy Commissioner has been approached many times but nothing has been done so far for the maintenance of the temple property”, the petitioners said.
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