The High Court of Jammu and Kashmir & Ladakh has directed the local administration to protect Hindu temples and shrines that were left unattended after the community’s migration in the 1990s, to help preserve their cultural heritage.

The judgement comes after a significant court case concerning the fate of these neglected religious sites.

This decision aims to preserve these sacred sites, which have been left vulnerable since the migration of the Kashmiri Pandit community in the 1990s. The courtroom witnessed a poignant battle for heritage preservation, with Senior Additional Advocate General of J&K, Mohsin Qadri, representing the state, and Senior Advocate C.M. Koul advocating for the petitioners via virtual mode.

The petitioners, members of the Kashmiri Pandit community, voiced their concerns about the fate of these neglected shrines. Justice Sanjeev Kumar, in delivering the judgment, underscored the state's responsibility to preserve and protect two specific Hindu shrines: 'Asthapan Devraj Bharav' in Nuner village and the 'Vidhushe' shrine.

The district magistrate of Ganderbal was directed to take immediate action under the J&K Migrant Immovable Property (Preservation, Protection, and Restraint on Distress Sales) Act of 1997 to ensure these sites are maintained and secured.

The petitioners also raised the troubling issue of encroachment on the Ganderbal district’s sole Hindu cremation ground.

The court acknowledged the urgency of addressing this concern and directed the removal of any encroachments within eight weeks of serving the order. Additionally, the court addressed a disputed lease on one of the shrine properties, declaring it expired and prohibiting any extension.

This judgment establishes a clear framework for addressing future grievances. It allows any concerned party, including the petitioners and previously involved parties, to report encroachments to the Ganderbal district magistrate for necessary action.

Stressing the need for their effective and peaceful management, the High Court of J&K and Ladakh has put two temples along with their properties under the management of Deputy Commissioner Anantnag.

“The properties vest in the Deity and, therefore, are required to be managed in an effective and peaceful manner,” a bench of Justice Sanjeev Kumar and Justice M. A. Chowdhary said while putting two shrines—Shri Raghu Nath Mandir and Nagbal Gautam Nag Temple, Anantnag— along with the properties attached thereto under the management of the Deputy Commissioner (District Magistrate), Anantnag.

With the aim of preserving and protecting these temples and their properties, the court directed the District Magistrate of Anantnag to immediately take over the management of both temples and their properties "if not already taken over."

“The District Magistrate shall also ensure that the properties belonging to these Temples are restored to the Temples after following due process of law,” the court said, adding, “The District Magistrate may constitute a committee of responsible officers to manage the affairs of both the Temples and properties attached thereto in an effective manner.”

The court also directed that the petitioner, Mahant Ganesh Dass Ji, along with the newly impleaded respondent, may assert their rights of management before the Civil Court.

“In any such Suit filed by either the Petitioner or the newly impleaded Respondent, the District Magistrate, Anantnag shall be a necessary party and shall be heard in the matter before passing any Order,” the court said, adding, “The final Decree, if any passed by the Civil Court, will govern the rights of the parties vis-à-vis the properties in question.”

Image source: ANI