Srinagar, Apr 5: Jammu and Kashmir Waqf Board Chairperson Dr Syed Darakhshan Andrabi on Sunday welcomed the decision of the High Court of Jammu and Kashmir and Ladakh declaring the Ziarats of Shah Farid-ud-Din (RA) and Shah Asrar-ud-din (RA) in Kishtwar as Waqf properties, bringing an end to a decades-old dispute over their ownership and management.
In a statement, Andrabi said that in a detailed judgment, Justice Sanjay Dhar ruled that claims of hereditary ownership by individuals managing the shrines were not sustainable in law. The court observed that the properties, due to their long-standing religious use, qualify as “Waqf by user” even in the absence of formal dedication.
She said the ruling reaffirmed that continuous use of religious institutions for charitable and pious purposes is sufficient to bring them under the ambit of Waqf law. The court also noted that revenue records consistently reflected the shrines as Waqf properties rather than private estates claimed by individuals.
Andrabi further stated that the judgment addressed and dismissed various claims based on earlier legal provisions, noting that previous Waqf laws had been repealed and replaced by the central Waqf Act, 1995.
Describing the verdict as significant, the Waqf Chairperson said it would serve as a precedent for similar cases where religious properties are being claimed on hereditary grounds.
