Excelsior Correspondent
Srinagar, July 4: High Court has issued notice to the Government and sought response to the plea against the construction of a hospital on temple land in Srinagar.
The petitioner Sanjay Tickoo has moved a contempt petition against Divisional Commissioner Kashmir and Commissioner Srinagar Municipal Corporation for allowing the construction of a hospital on Durga-Nag temple situated in Cantonment area of Sonwar Srinagar in violation of the directions of High Court.
The petition filed by Tickoo about Durga Nag Mandir says that there are 135 leases executed of all land belonging to the temple in favour of the private establishment for commercial activities.
His counsel informed the court that the Divisional Commissioner Kashmir through his communication on 05.03.2023 directed to all Deputy Commissioners of the Kashmir to initiate SIT probe into illegal lease of temple properties in Valley.
He added that on papers the SIT probe is initiated but in reality the mafia is on loose and the temples and other religious places of Kashmiri Pandits are handed over to third parties illegally to run commercial enterprises.
It is alleged that a patch of land of Durga-Nag temple has been transferred to a private entrepreneur and the permission for construction of hospital has been issued by the Commissioner SMC in the name of one Arjun Amla while the land belongs to the “Deity” of the Durga Nag Mandir, Srinagar.
Justice Moksha Kazmi after hearing the counsel for the petitioner issued notice to Divisional Commissioner Kashmir and Commissioner SMC for filing of response and compliance of earlier judgments on the issue within four weeks.
The HC in its judgment has clearly directed that no transfer in the shape of sale deed, patta nama lease or any other mode of transfer be effected in respect of the properties belonging to the Mandir with the further direction that no construction be permitted on the properties which have been transferred to the private parties through various deeds.
It is noted that the Ministry of Home Affairs, in this regard had also issued a communication to the Chief Secretary, Jammu and Kashmir directing therein to take all necessary steps for implementation of the judgment passed by the High Court.
“That the Government of Jammu and Kashmir in the year 2008 issued a Government Order bearing No. Rev/MR/124 of 2008 dated 16.04.2008 wherein it was accepted that there have been violations in the process of sale and purchase of land belonging to religious institutions of Kashmiri Pandits in Kashmir Valley. As such, in order to safeguard some guidelines were issued but none of these have been implemented”, reads the contempt petition.
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