Excelsior Correspondent
JAMMU, Sept 26: State High Court has expressed dissatisfaction over the status report filed by the Divisional Commissioner Kashmir on the issue of encroachment of properties of temples and shrines in Kashmir valley and directed him to go into all the details pointed out by the petitioners and submit fresh compliance report and statement of facts within a period of eight weeks.
The High Court by order dated November 27, 2010 had directed the Divisional Commissioner Kashmir to submit a report after verifying from the revenue records the details of the properties both moveable and immovable owned by Mandir Dewan Kripa Ram Sahib and ensure protection of properties from encroachments by taking necessary steps in the shape of demarcation and fencing.
Since the Divisional Commissioner failed to comply with the order within the stipulated time, the petitioners (Sanjay Tikoo and others) filed the contempt petition wherein vide order dated May 20, 2017 direction was passed for filing the compliance report as also action taken report.
When the petition came up for hearing few days back, Justice M K Hanjura observed, “the statement of facts filed by the Divisional Commissioner doesn’t appear to be in harmony with the order”, adding “he has stated in the compliance report that as per records land measuring 99 kanals and 18 marlas stands recorded in the name of Mandir Dewan Kripa Ram Sahib and the land is question is under protected tenants who are paying rent at the rate of Rs 30 per kanal (cost of paddy per annum)”.
“The Divisional Commissioner has further stated that neither any change has been made in the revenue records nor has any encroachment taken place on the spot. Since when are the protected tenants in possession of this land has not been stated in the compliance report which otherwise was essential”, Justice Hanjura said, adding “to whom they are paying the rent has not been spelt out”.
“It has not been stated in the compliance report whether any property belonging to the temples in the valley of Kashmir has changed hands and if so by what mode and in what manner. Not only this, the counsel for the petitioners has stated that the property belonging to various temples has been encroached at a number of places and he has provided the list to the Divisional Commissioner Kashmir”, High Court observed, adding “but the report doesn’t indicate whether or not these encroachments have been removed”.
“The counsel for the petitioner has further stated that a big chunk of land that belonged to Durga Nag Temple has been encroached upon and a number of palatial buildings have been constructed on it. The statement of facts, however, doesn’t state anything on this count”, Justice Hanjura further observed.
Accordingly, High Court directed the Divisional Commissioner to go into all these details minutely and submit a compliance report/statement of facts within a period of eight weeks”. The counsel for the petitioners was directed to provide another copy of list of encroachments to the Divisional Commissioner.
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