Srinagar (Jammu and Kashmir): In a significant move to safeguard the cultural and religious heritage of Kashmiri Hindus, the High Court of Jammu & Kashmir and Ladakh has mandated the administration to protect unattended temples and shrines from encroachments and the land mafia.
This decision aims to preserve these sacred sites, which have been left vulnerable since the migration of the Kashmiri Pandit community in the 1990s. The courtroom witnessed a poignant battle for heritage preservation, with Senior Additional Advocate General of J&K, Mohsin Qadri, representing the state, and Senior Advocate C.M. Koul advocating for the petitioners via virtual mode.
The petitioners, members of the Kashmiri Pandit community, voiced their concerns about the fate of these neglected shrines. Justice Sanjeev Kumar, in delivering the judgment recently, underscored the state's responsibility to preserve and protect two specific Hindu shrines: 'Asthapan Devraj Bharav' in Nuner village and the 'Vidhushe' shrine.
The district magistrate of Ganderbal was directed to take immediate action under the J&K Migrant Immovable Property (Preservation, Protection, and Restraint on Distress Sales) Act of 1997 to ensure these sites are maintained and secured.
The petitioners highlighted a troubling issue: The encroachment on the only cremation ground in Ganderbal district for the local Hindu community. They alleged that after the 1990 migration, certain individuals, identified as respondents 5 and 6, who also migrated, illegitimately claimed management of these shrines and leased them to other respondents. These actions reportedly led to significant damage and encroachment on the shrine properties.
In response, the High Court's order did not delve into the conflicting claims regarding the management of the shrines but emphasised the urgent need for state intervention. "The District Magistrate, Ganderbal, who holds the migrant properties under the 1997 Act, shall immediately take over and protect, preserve, and manage both shrines and the attached properties," the order stated.
Furthermore, the court instructed the district magistrate to ensure that any encroachments on the temple properties, including the cremation ground, are removed within eight weeks from the date the order is served. Regarding the temple property leased to the respondents, the court noted that the lease period had expired and ordered that there be no further extension. The district magistrate was tasked with taking over the property.
The order provided a mechanism for addressing future grievances: "Any party aggrieved by encroachments on the property, including the petitioners and respondents, is free to bring it to the notice of the District Magistrate, Ganderbal, for appropriate action."
