‘No Illegal Construction on Shri Baba Dharam Dass Temple Properties’
Firdous Parray
SRINAGAR, Aug 14: The Jammu and Kashmir High Court delivered a significant judgment regarding the Shri Baba Dharam Dass Ram Jeevan Dass Trust, reaffirming the protection of its properties from illegal encroachments. The case, presided over by Hon’ble Mr. Justice Sanjeev Kumar and Hon’ble Mr. Justice M.A. Chowdhary, addressed a petition filed by Mahant Subash Shah, who claims to be the sole trustee of the trust.
In his petition, Mahant Subash Shah of which a copy lies with Kashmir Despatch sought a directive to prevent respondent Nos. 1 to 8 from allowing any illegal construction on land belonging to the trust. He emphasized that the court had previously intervened in similar matters, issuing interim directions on November 27, 2010, in OWP No. 785/2008, aimed at safeguarding the trust’s properties. These directions were upheld by a Division Bench in a ruling dated May 13, 2011, in LPA No. 36/2011.
While the official respondents contested the petitioner’s locus standi (standing) to file the petition, they did not oppose the request for protecting the temple properties from encroachment. Conversely, respondent Nos. 9 to 11, who have raised objections, claimed that their occupation of the property was based on a lease deed executed by the temple’s undisputed Mahant, Baba Kanker Dass. They argued that, as lessees, they could not be forcibly evicted.
After hearing arguments from both sides and reviewing the case records, the bench noted that the issues raised had already been adjudicated in OWP No. 25/2018, which sets a precedent applicable to the current petition. The court stated that a committee constituted by the District Magistrate/Deputy Commissioner of Srinagar had been authorized to remove illegal encroachments and to prevent any interference with the temple property.
The court’s ruling clarified that if respondent Nos. 9 to 11 occupy any part of the temple’s property, they could be evicted by the designated committee, following due process of law. Additionally, the committee is tasked with determining the status of the respondents’ occupation of the property before taking further action.
The court disposed of the petition, ordering that the committee ensure no interference occurs with the temple properties and that no new construction is permitted. Any action against encroachers or individuals in possession of the temple properties, whether through agreements to sell, lease deeds, or grants, must adhere strictly to legal protocols.
This ruling marks a crucial step in protecting the integrity of the Shri Baba Dharam Dass Ram Jeevan Dass Trust, reinforcing the legal framework surrounding religious properties in the region.
