"No Instances Of Encroachment": J&K High Court Dismisses Plea Seeking Restoration Of Allegedly Encroached Land Belonging To Ancient Hindu Temples

In dismissing the petition a bench comprising Acting Chief Justice Tashi Rabstan and Justice Puneet Gupta observed,

“In this PIL the petitioner has not mentioned about any instance which shows that the properties of the temples have been encroached by Mafia”

The PIL, filed by social activist Gautam Anand, claimed the authorities failed in their duty to protect and restore ancient temples in the Union Territory (UT) of Jammu and Kashmir.

Anand, represented by Advocate Manik Bhardwaj, asserted that despite multiple representations to government authorities, no action had been taken to renovate, reconstruct, or protect these historic religious sites.

Despite these efforts, Anand argued, the government had not acted, prompting him to seek judicial intervention.

The court noted that the petitioner failed to provide specific instances demonstrating that temple properties had been encroached upon by the mafia or other entities. In the absence of concrete evidence, the court found it challenging to proceed with the matter.

During the hearing, the petitioner, present in person along with his counsel, sought permission to withdraw the PIL. They requested the liberty to file a more detailed representation to the concerned authorities.

Allowing his request the court ordered, “On receipt of the aforesaid representation, the authorities concerned shall consider and decide the same within a period of four weeks from the date of filing of the same, failing which the petitioner shall be at liberty to reagitate the matter before this Court”

Case Title: Gautam Anand Vs Union Of India

Citation: 2024 LiveLaw (JKL) 224

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