To safe guard against any problems in future better modify Balaji Complex Majeen land to 99 Yrs Lease

DAYA SAGAR

It has been on 8th June this year that newly constructed Lord Sri Venkateswara Swamy Balaji Temple Tirumala Tirupati Devasthanams located amidst the scenic Shivaliks in village Majeen (outskirts of city of Temples, Jammu) was inaugurated by Union Home Minister Amit Shah through video conferencing with G. Kishan Reddy, Union Minister of Culture and Tourism, Dr Jitendra Singh, Union Minister of State and Lieutenant Governor Manoj Sinha attending the Maha Samprokshanam ceremony of Sri Venkateswara Swamy Temple of Tirumala Tirupati Devasthanams at Jammu. Prime Minister Narendra Modi tweeted on the occasion @ This will celebrate the richness of our heritage and will deepen the spirits of ‘Ek Bharat Shreshtha Bharat’. Sure the ” Tirupati Devasthanams ” would add to the pilgrim tourism treasure of The City of temples, Jammu but there is going to be installed much more in the form of spiritual institutions / allied infrastructures i.e Pilgrim amenities Complex , Vedapatasala, Spiritual/ Meditation Centre, Office , Residential quarters, Parkings etcin the holy lap of Balaji Devasthanam spread over 497 Kanal 17 Marlas alongside the temple which has been just a part of first phase. The Lord Venkateswara temple will strengthen pilgrim / spiritual tourism circuit in J&K and shall ofcourse add more opportunities for socio economic development in the Union Territory. It is not out of place to mention here this Hindu temple complex is presently on only 40 year lease of government land , requests had been made in June 2021 itself to the government for instead seeing to possibilities of granting ownership / free hold rights to the temple trust so that no any scope is left for any religious conflicts in future since land still remains of ‘state’ with all rights reserved with future governments for extension or no extension.. It is hoped that the UT Government considers that on priority for sanctions under needed legitimate administrative / legislative provisions.
To be brief the Administrative Council of UT of J&K had on 26-03-2021 decided ( Decision No 44/06/2021) to give on lease State land measuring 497 Kanal 17 Marla ( approximately 62 Acres / 25 Hectares / 0,25 sq.km) to Tirumala Tirupati Devasthanams -TTD ( Andra Pradesh) and accordingly the G.O.No. 32-JK (Rev) -2021 of 31-03-2021 was issued by Sh. Shaleen Kabra Principal Secretary Revenue for grant of State land in Village Majeen under Khasra No. 243 min Tehsil Jammu on 40 year lease basis (from the date of taking over possession)on payment of nominal ground rent of Rs.10 only /kanal/annum and without charge of any premium for building up Temple and its allied infrastructures , Pilgrim amenities Complex, Vedapatasala, Spiritual/ Meditation Centre, Office , Residential quarters, Parkings etc. TTD manages the hill shrine of Lord Venkateswara at Tirumala-Tirupati in Andhra Pradesh. Ofcourse the allotment / lease shall be governed by J&K Land Grants Act 1960 and Rules made there under.
Bhoomi Pujan and foundation stone laying ceremony for the Sri Venkateswara Swamy Temple (Srivari Temple) was performed at site 13th June 2021 itself with great religious fervour by Lieutenant Governor, Manoj Sinha for sacred kalasamshad also been brought to the Yagashala by TTD Chairman Sri YV Subba Reddy and EO Dr KS Jawahar Reddy. Starting with Ganapathi Puja was followed by Viswaksena Puja, Punyahavachanam, Agnipratistha, Vastu Homam. Abhishekam was followed by Silanyasa Puja, Chaturveda Parayanam, Navagraha Stotra Parayanam, Maha Vishnu Puja and then the stone was consecrated in the ground. TTD Chairman Sri YV Subba Reddy had informed that the Temple was to be constructed with stone architecture of South India and the works worth Rs.33.22crores were sanctioned (works worth Rs. 27.72 Cr. including temple, sub-temples, Vahana Mandapam, Electricity, water supply etc will be phase-I and phase-II shall be, Veda Pathashala, Hostel and Medical buildings, Kalyana mandapam etc worth Rs. 5.50 Cr). Hence going by the time line The Tirumala Tirupati Devasthanams Board had surely started the construction of Srivari temple immediately after taking over possession in terms of their resolve to construct Srivari temples across the country for protection of Hindu Sanatana Dharma. It is now over 2 years possession ( say 13-06-2021 ) was taken and it is being hoped all constructions will be over by June 2024. TTD Board is known for holistically developing even areas around a temple complex worth serving the sectors of health, education and employment sectors as well.
Not only that it t is also hoped that the upcoming Srivari Temple complex will also motivate the Local Government to exploit the already existing huge pilgrim tourism and commercial tourism potential in the region beyond Raghunathji Temple, SMVD Ji Shrine.
No doubt the gesture of the UT Government granting nearly 500 Kanals of state land to a Hindu religious institution/ Trust at no premium ( cost) to be paid for 40 year lease and also very negligible annual rent is appreciable but at the same time keeping in view that the allotment of the land has been made for purely religious purposes no scope should be kept for any controversies / disputes at any moment of time , may be even in late future. So it was opined that the lease period may be increased to atleast 99 yrs or changed to free hold since land has been given for religious purpose i.e a Hindu temple. institutions. The Clause 6of J&K Land Grants Act 1960reads< Government to have a right of re-entry on expiry of lease.- On the expiry of the period of lease granted under this Act] ….. Government shall have the right of reentry on the land leased and the lessee shall be liable to be evicted therefrom, and the provisions of the Jammu and Kashmir Pubic Premises (Eviction of Unauthorized Occupants) Act, 1959, shall apply in relation to his eviction>.
It cannot be ruled out that ultimate investments over years by TTD would be much more than first estimates as disclosed and also mentions made in the allotment order for Templeand its allied infrastructures ). Some people have gone to the extent of seeing the openings of new vistas for “Jammu region” ( Hindu in particular) in the said temple project of TTD. After 40 year lease period would be over still there shall be standing a Hindu Temple complex on 13-06-20 61 ( take possession date as Bhoomi Poojan date). Imagine in case after 40 years the democratic government of that day decides not to extend the lease further even on cost basis, will that not create serious implications and conflict?.Can anyone just imagine what would be implications and dangers to peace of the day in case the government goes for eviction.? Or any legal / technical issues are made before the judiciary by some class which is not well contested / presented by the government in the court and some adverse orders are passed as has also been case with many legitimate residential lease holders ( 40yrs/60yrs) after an order passed by J&K HC on 09-10-2020 where simply due to the government not handling the case properly many deserving families have been made to live in state of confusions hoping that though the said Act (The Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) Act 2001 ( amended from time to time )has been quashed but their bonafide residential lease must have been taken as further extended. Any executive actions of government of giving free lands without public participation to some could be subjected to bad treatments due to actions of some like the case quoted here , sothe UT Administrative Council should have taken a note of that aspect on 26-03-2021 itself as regards the lease period. Any how it should be done now
It is good that land has been given free and at a very token rent. ButIfnot freehold rights there could be lease of 99 years which would not have been something very much out of rules/ conventions since even in the Upper Roop Nagar Colony/ Trikuta Nagar of JDA to start with some plots were allotted on 99 years residential lease on premium and lease rent of Rs.3/sq ft / annum. Ofcourse when Gandhinagar / Shastri Nagar Colonies were created there were no institutions like JDA and JK Housing Board and plots were given to private people on ownership basis.
More so now there are no limitations of the condition of one being a permanent resident of J&K. So, when the LG Administration has already taken an executive decision of giving land free of premium for a religious institution it should not be a difficult task of unmanageable limitations for LG Manoj Sinha to order modification of the terms to atleast increase the period of lease from 40 years to 99 years if not convert to freehold.
(The author is Sr Journalist, Analyst J&K affairs, Social Activist [email protected]).