Srinagar: In a historic and decisive ruling, the Jammu & Kashmir and Ladakh High Court has finally put an end to a prolonged and contentious dispute over the ownership and management of two revered shrines in Kishtwar. Delivering a powerful judgment, Justice Sanjay Dhar unequivocally declared the shrines as Waqf properties, rejecting claims of private hereditary ownership.
The court firmly held that individuals managing the shrines had no legal basis to assert ancestral rights over properties that have, for generations, been dedicated to religious and charitable purposes. Emphasizing the doctrine of “Waqf by user,” the court stated that uninterrupted, long-standing public religious use itself is sufficient to establish Waqf status—even in the absence of formal documentation.
In a strong observation, the court underlined that faith, devotion, and continuous public use cannot be overshadowed by unsubstantiated personal claims. It noted that official revenue records consistently recognized the shrines—not individuals—as the rightful holders of the land, reinforcing the legal sanctity of Waqf ownership.
Dismissing reliance on historical narratives and alleged royal grants, the court made it clear that history cannot replace legal proof. Ownership disputes, it stressed, must be determined through credible legal evidence, not through unverified historical accounts.
On procedural grounds, the court rejected arguments based on outdated administrative reports, asserting that such documents lacked finality and could not override fresh inquiries conducted under evolving Waqf laws. It found the entire process of declaring the properties as Waqf to be lawful, transparent, and procedurally sound.
While dismissing the claims of private ownership, the court showed measured compassion by allowing current occupants to continue residing on the land as lawful lessees under Waqf administration—ensuring both justice and humane consideration.
Significantly, the court also noted that challenges raised against earlier Waqf legislations no longer hold ground, as they stand replaced by the comprehensive framework of the Waqf Act 1995.
This landmark verdict not only safeguards the spiritual and charitable essence of these sacred shrines but also sends a strong message: religious institutions dedicated to the public cannot be appropriated as private inheritance.
J&K High Court Declares Kishtwar Ziarats as Waqf Property, Ends Decades-Long Dispute with Landmark Verdict
