The Punjab & Haryana High Court has ruled that land recorded as Takia (cemetery), graveyard, or mosque must be protected by authorities, even if it has been unused for an extended period. The court emphasized the need to preserve such land as per its original purpose and prevent its encroachment or misuse.
Background:
The case was triggered by allegations of encroachment on land that was recorded as a graveyard. Despite the land being unused for many years, individuals had encroached upon it for personal use, prompting legal intervention. The Court considered the sanctity of such land and the need to protect it, as it holds religious and cultural significance.
Court’s Rationale:
The High Court highlighted that the land, whether actively in use or not, must remain protected due to its designation as a place of religious or cultural importance. The Court noted that such properties are to be safeguarded for public use and must not be allowed to be repurposed for private interests. It stressed that even if the land was left unused for a long time, the legal status of the land as Takia, graveyard, or mosque remains intact, and its protection is a matter of both legal and moral obligation.
Existing Measures:
The Court directed authorities to take necessary action to prevent encroachment on such lands and ensure their preservation. It called for stricter enforcement of laws protecting religious properties, with specific reference to lands marked as Takia or graveyards.
Conclusion:
The Punjab & Haryana High Court’s ruling reinforces the importance of preserving land designated for religious or cultural purposes, even if it has been left unused for a long time. This judgment serves as a reminder of the need for vigilance and respect for the legal and cultural significance of such properties, preventing their misuse or alteration.
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