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SRINAGAR: A Bench of the Jammu & Kashmir and Ladakh High Court, consisting of Justice Sanjeev Kumar and Justice M A Chowdhary, has consolidated all cases related to the safeguarding of temples and their assets in the Kashmir valley. These assets have been sold, sublet, leased, infringed upon, or occupied unlawfully over the past thirty years.
Notably, through intimidation or the use of illicit funds, certain individuals have unlawfully acquired properties worth crores belonging to various temples in different parts of the Kashmir valley, often with insider complicity.
These transactions were later deemed invalid and unlawful, as temple properties cannot be sold or transferred to third parties in such a manner.
Speaking to The New Indian, Senior Additional Advocate General Mohsin Qadri, who represented the government in the case, said, “The Hon’ble Division Bench has earlier clubbed all matters relating to the preservation and protection of temples and temple properties in the Kashmir Valley, including those matters related to claims by different Mahants and trusts over the temples.”
Qadri stated, “Over the last three decades, sham and unlawful transactions involving temple properties have also been considered by the High Court. These transactions have resulted in encroachments, transfers, or the creation of third-party interests in valuable temple properties, covering hundreds of kanals.”
He further mentioned, “In a few cases, the High Court directed the state and District Magistrates to take possession of the temples and temple properties, restrict land from third parties, and restore it to the temples.”
“Additionally, the High Court has ordered that safeguard measures be taken for the unattended mandirs and their properties, which will be managed by state functionaries,” Senior AAG Qadri added.
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The Bench has commenced hearings on these consolidated matters and, following submissions from the Union Territory Government’s counsels has instructed a District Magistrate to take control of the temples and their properties from any unauthorized individuals, whether insiders or outsiders.
In the OWP No.1800/2013 case, the Bench noted conflicting claims regarding the management of Shri Raghu Nath Mandir and Nagbal Gautam Nag Temple in Anantnag. The petitioner asserts he was appointed as Manager by Mahant Madhav Das Ji and has been managing both temples since June 2010, while the newly added respondent, allegedly unrelated to the temples’ properties, is deemed a meddler with no legitimate interest.
After reviewing the arguments and records, the Bench concluded that the properties belong to the deity and must be managed effectively and peacefully.
Given the conflicting claims, the Bench directed that both temples and their properties be placed under the management of the District Magistrate Anantnag, allowing the petitioner and the newly added respondent to pursue their rights in civil court.
To ensure the preservation and protection of the temples and their assets, the Bench directed the District Magistrate Anantnag to immediately take over the management of the temples if not already done.
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The District Magistrate is also tasked with restoring the properties through due legal process and may form a committee of responsible officers to oversee the temples’ and properties’ affairs.
In OWP No.351/2012, it was reported to the Bench that an order dated January 6, 2009, by the Additional Deputy Commissioner Anantnag, which called for on-site verification and removal of unauthorized occupiers unless they could provide written consent from the migrants, was being misused as an eviction order against the petitioners, who were not given a chance to be heard.
The Bench quashed the impugned order and remanded the matter to the District Magistrate Anantnag to proceed according to the J&K Migrants Immovable Property (Preservation, Protection, and Restraint on Distress Sales) Act, 1997.
This decision by the Bench will impact several pending cases, with the next hearing scheduled for July 18, 2024. According to sources, the Government has also instructed officials to reclaim encroachments and illegally sold land, restoring the original status of the temples.
Properties in the Bulbul Bagh Barzulla area of Srinagar, belonging to Hanuman Mandir, are also expected to be addressed on July 18, sources noted.
