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The court stated that no concrete evidence of encroachment was presented, while dismissing the PIL
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 sought a direction to the central and UT authorities (respondents) to take appropriate recourse to protect, rebuild, renovate the ancient temples of the UT of J&K and retrieve the land of the temples encroached by the Mafia and other property dealers.
A bench comprising Acting Chief Justice Tashi Rabstan and Justice Puneet Gupta dismissed the PIL filed by social activist Gautam Anand, who claimed that authorities had failed to protect and restore ancient temples in the Union Territory (UT) of Jammu and Kashmir. The court observed that the petitioner failed to provide specific instances of encroachment by the mafia or other entities.
The court noted that despite the petitioner's representations to government authorities, no concrete evidence of encroachment was presented. “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 court said.
The petitioner was granted permission to withdraw the PIL and file a detailed representation to the concerned authorities, which will be considered within four weeks.
The court's order stated, "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."
Cause Title: Gautam Anand Vs Union Of India [WP(C) PIL No. 9/2023]
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