J&K and Ladakh HC dismisses PIL alleging encroachment on ancient Hindu temple lands

Reading time: 03 minutes

Synopsis

The Jammu and Kashmir and Ladakh High Court has dismissed a Public Interest Litigation (PIL) seeking restoration of allegedly encroached land belonging to ancient Hindu temples. The petitioner requested the Central and UT authorities (respondents) to take appropriate steps to protect, rebuild and renovate the ancient temples of the UT of J&K and recover the temple land encroached upon by the mafia and other real estate traders.

A bank consisting of Acting Chief Justice Tashi Rabstan And Judge Puneet Gupta dismissed the PIL filed by social activist Gautam Anand, who alleged that the authorities had failed to protect and restore ancient temples in the Union Territory (UT) of Jammu and Kashmir. The court noted that the petitioner had not given specific cases of encroachment by mafia or other entities.

The court noted that, despite the plaintiff’s objections to the government authorities, no concrete evidence of infringement had been provided. “In this PIL, the applicant has not referred to any instance to show that the properties of the temples were hijacked by the mafia,” according to the court.

The applicant is granted permission to withdraw the PIL and to file a detailed defence with the relevant authorities. This defence will be dealt with within four weeks.

The court order stated: “Upon receipt of the said application, the authorities concerned shall consider and decide upon it within a period of four weeks from the date of its submission. Failing this, the applicant shall be free to bring the case again before this court.”

Title of the Case: Gautam Anand vs. Union of India (WP(C) PIL No. 9/2023)