HC issues notice to Govt for illegal transfer, construction on temple land

Excelsior Correspondent
SRINAGAR, July 17: High Court issued notice to the Government and sought response to the plea against the illegal transfer and construction on temple land at Sathu, Barbar Shah, Srinagar city in violation of court judgments and Government orders.
The petitioner Sanjay Tickoo has moved a contempt petition against Divisional Commissioner Kashmir and Commissioner Srinagar Municipal Corporation for allowing the construction of a multi-storied complex on Bajrang Dev Baba Dharam Dass Koul Mandir situated at Sathu Barbar Shah, Srinagar in violation of the directions of High Court.
The petitioner-Tickoo submitted that since the year 2010, number of transactions have happened with respect to the Bajrang Dev Baba Dharam Dass Koul Mandir, Sathu, Barbar Shah, Srinagar wherein the property of the temple has changed hands and the constructions allowed by the concerned authorizes, to which the contemnors are In-charge, in violations to the directions of the Court.
Giving the brief facts of the temple land, he informed the court that the land in question was allotted as a lease to one Lakshmi Narayan Jaggi, Jai Ram Sarna and Kuldip Kumar Sarna adopted son of Jai Ram Sarna then partners of M/s Kashmir Flour and Oil Mills and the land was given to him for utilization of stocks for Floor Mill and not for anything else with a condition not to sublet or mortgage or create third party interest in the temple property.
“The lease without any mandate applied for conversion of land which as per law is only available for one kanal of land and by some way got whole parcel of land which is approximately 14 kanals of land converted so that the leasee could apply for raising a commercial structure and in this way applied for raising a commercial structure which otherwise could not have been raised”, reads the contempt petition.
It is alleged that commercial structure in existence on spot with site plan of the said structure was approved by the municipal authorities and sanction was issued for raising a commercial structure which is in violation of the rules laid down from time to time and the judgment of the High Court and again is to create commercial activity on the temple land belonging to the Bajrang Dev Baba Dharam Dass Koul Mandir, Sathu, Srinagar.
It is stated that all the things reflect that the property worth crores of rupees belonging to the temple has been sold out or leased out for commercial activity to fill the pockets of the intervening managers of the temple.
It is further contended that earlier upon the directions of the High Court in a sealing order was passed by the Commissioner Srinagar Municipal Corporation and the structure in question was after its sealing to the SHO Kral Khud and Ward Officer Ward concerned as custodians which is now strangely a full time commercial activity hub and business worth cores is carried out by the third parties who have no right over the property of the temple.
His counsel informed the court that the Divisional Commissioner Kashmir through his communication on 05.03.2023 directed to all Deputy Commissioners of the Kashmir Valley to initiate SIT probe into illegal lease of temple properties in Valley, Nexus in Temple Properties being used illegally and on the other side the mafia is allowed to usurp the temple properties in Kashmir Valley to which temple land in question is also victim.
Justice Sanjay Dhar after hearing the counsel for the petitioner issued notice to Divisional Commissioner Kashmir and Commissioner SMC for filing of response and compliance of earlier judgments on the issue within four weeks.