Excelsior Correspondent
Srinagar, Aug 13: High Court today directed the authorities to take over the management of a temple situated in the heart of Srinagar city.
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The Division Bench of Justice Sanjeev Kumar and Justice M A Chowdhary expressed its concern the way the temple and temple properties came to be abandoned in J&K and directed the Deputy Commissioner Srinagar to take over the management of the temple and its allied properties situated at Barbarshah Srinagar.
Court while passing the direction for taking over of temple management recorded that the loot of temple properties became rampant after 1990 when the Kashmir valley came under the onslaught of militancy as the minority community which was frequenting these temples and had interest in their management was made to flee from the Valley to save their lives. Consequently, these temples came to be abandoned.
“Since most of the temples and their properties were situated in urban areas, as such, due to their high value, the vested interests started litigating with each other, some staking their claims on the basis of recorded entries in the revenue record and others on the basis of trust deeds executed by them inter se without any authority of law”, read the judgment.
Court said the property of the temple at Sathu Barbarshah, too, has become a victim of the situation and to some extent apathy of the Government. “We have carefully gone through the entire record placed before us and are prima facie convinced that none of the parties have in their possession any legal document to substantiate their claim either to manage the temple and its properties or to offer pooja and prayers in the temple”, the DB said.
Court has made it clear that the management of the temple and its properties in their entirety shall be taken over by the Deputy Commissioner, Srinagar, who shall manage the temple and its properties including making of arrangements for performance of daily puja and other religious rituals through a committee of officers of revenue and other departments, to be constituted by him.
The petitioner-Prem Jay Mishra claims to be the Mahant of Shree Bajrang Dev Dharam Dass Ji Mandir, Sathu Barbarshah (temple property) has filed the petition to throw challenge to the communication of the District Magistrate, Srinagar bearing No.DMS/RD-5245-11/Mig/1169-73 dated 22.12.2017, whereby the District Magistrate has, withdrawn the order allowing Dr. Jai Ram Dass to perform puja in the temple in question and entrusted the daily affairs of the temple to Baba Dharam Dass Ram Jevan Dass Trust.
The petitioner claimed that the pujari of the temple Mahant Jai Ram Dass has appointed him as Mohatamim of the temple property by virtue of a declaration executed on 01.12.2015. The petitioner, therefore, staked claim over the right to perform puja and other religious rituals in the temple.
It has been brought to the notice of the Court that many such properties of temples, which came in the hands of different vested interests, were either sold/leased out or encumbered to the serious prejudice of the temples and their management.
“Taking advantage of this chaotic situation, so called Mahants and Babas in connivance with locals encroached upon the properties of the temples. The Government of the day, which was battling with sudden splurge in militancy, remained oblivious to the situation of the temples and its properties”, DB said.
Court also directed the local police to provide all assistance to the district administration and the committee so appointed to carry out its functions and the committee shall open up an account in the name of the Deity/temple and deposit all the usufructs and the profits arising out of the properties of the temple.
“The committee shall, however, be entitled to utilize the amount so realized for better management and welfare of the temple and the Deputy Commissioner/District Magistrate shall initiate appropriate steps to ensure that all encroachments over the temple properties are removed by following due process of law”, court further directed.
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