Srinagar: The Jammu and Kashmir High Court directed the Deputy Commissioner of Srinagar to manage 159 kanals of land belonging to Raghu Nath Ji Temple in Barzulla, Srinagar.
The court also ordered the land’s demarcation and the removal of encroachments, stressing upon that the arrangement will continue until a proper management mechanism is established or until the government introduces relevant legislation.
The decision followed a plea challenging an order that transferred possession of the land, claimed by tenants, to the temple’s management.
The petitioners, including former Bar Association President Mian Qayoom and his siblings, claimed tenancy rights over a portion of the land. They argued that they had been in possession of the land for decades and could not be evicted without due process of law.
Opposing the petitioners’ claims, the respondents through Senior AAG Mohsin Qadri contended that revenue records from 1976 and 1987-88 indicate the ownership of the 159-kanal land by the Raghu Nath Ji Temple under the guardianship of Mahant Baba Girdhari Das and the land was primarily used for temple cultivation with portions leased to locals, LiveLaw reported.
The respondents further alleged that subsequent to Mahant Girdhari Das’ demise in 1971, and following the demise of his successor Mahant Arjun Das in 1989, the temple faced significant challenges due to the prevailing militancy in the Kashmir Valley. During this tumultuous period, the temple was damaged, and the land was encroached upon by locals, including the petitioners, who exploited their positions within certain groups, he submitted.
Highlighting that while the petitioners and others may have been in possession of the land for decades, this does not automatically grant them ownership the court noted that the entire estate, comprising over 159 kanals, remains vested in the temple.
The court further ordered that no new mutations be attested in the name of any Mahant or disciple and that the properties remain under the management of the district administration. The deputy commissioner has been tasked with demarcating the temple land, removing encroachments, and putting the properties to beneficial use.
