* DM asked to take over mgmt of shrine
Excelsior Correspondent
Srinagar, July 26: High Court has directed the Deputy Commissioner Baramulla to take over the management of the temple and constitute a team of revenue officers to demarcate the temple land situated at Gulmarg tourist resort and restore the encroached land.
The Division Bench of Justice Sanjeev Kumar and Justice M A Chowdhary disposed of a plea filed by one Rajneet Gurkha claimed to be the president of Shri Jagat Amba Sharika Chakreshwar Sanstha, Hariparbat, Srinagar and interested in protection and preservation of temples in the valley including Shiv Temple located at Gulmarg.
His short grievance in the petition is that the Shiv Temple located at Gulmarg has been encroached by the authorities of Gulmarg Development Authority and therefore, needs to be protected. He contended before the court that out of 4 Kanals and 17 Marlas of land dedicated to the temple, 01 Kanal and 5 Marlas alone has remained with the temple and the rest of the land has been encroached by Gulmarg Development Authority for construction of Tourism Enquiry Office and lavatory. There are allegations of encroachment of some land of the temple by the Municipal Committee, Gulmarg.
The Deputy Commissioner, Baramulla however in his reply affidavit submitted that as per records available, a chunk of land measuring 3 Kanals and 18 Marlas and is recorded under occupation/possession of Ahl-e-Hanod and not in the name of any Trust.
He added that upon verification it has been found that land measuring 2 Kanals and 17 Marlas is under possession of the temple and land measuring 16 Marlas is under the possession of the Tourism Department, and some portion of the land is also under possession of Gurdwara.
The division bench after these facts directed the District Magistrate, Baramulla to immediately and forthwith constitute a team of Revenue Officers headed by the Assistant Commissioner, Revenue to demarcate the land vested in and belonging to the temple. “If upon demarcation any land is found encroached by any Authority or person, the same shall be retrieved and restored to the temple”, court directed.
The District Magistrate, Baramulla has also been directed to take over the management of the temple as well as the property and manage it either himself or through duly constituted Committee. “The Deputy Commissioner or the Management Committee as the case may be shall make appropriate arrangements to conduct Pooja and other rituals in the temple”, Court further directed.
The Deputy Commissioner, Baramulla further informed the court that in terms of Government Order No. 137-TSM of 2005 dated 13.06.2005, the entire State land of Gulmarg has been transferred to Gulmarg Development Authority for various purposes and is presently administered by the authority.
“Be that as it may. The fact remains that the temple and the properties which are attached to it and are vested in the deity are required to be protected by all means. With a view to ensure that the temple property is not encroached by anybody including the Government Authorities’ ‘, Court observed.
The same Division Bench while dealing with another petition filed by the members of Kashmiri Pandit community and having found Asthapan Devraj Bharav Trust, seeking direction to the District Magistrate, Ganderbal, to preserve, protect and maintain two important religious shrines situated in District Ganderbal by taking requisite steps under Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, directed the District Magistrate, Ganderbal, in whom the migrant properties stand vested after the commencement of the Act of 1997, shall immediately take over and protect, preserve and manage both shrines and properties attached thereto.
DM Ganderbal has also been directed to initiate appropriate steps to ensure that all or any kind of encroachment made on the temple properties including the cremation ground is removed within a period of eight weeks from the date copy of this order is served upon him.
Court in so far as the temple property under lease with the private respondents is concerned, said that admittedly the lease period has expired and there shall be no further extension of the lease and the property shall be taken over by the District Magistrate, Ganderbal.
The bench after having heard counsel for the parties and perused the material on record, considered that the subject Hindu shrines and the properties attached therewith which were virtually abandoned after the mass migration of the Kashmiri Pandit Community from the valley are required to be preserved under the Act of 1997.
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