K. Ramaswamy, J. - (1.) Leave granted.
(2.) All Hindus, in millions, of India from nook and corner and those settled abroad, go by foot or carriage, bearing all arduous journey and inconveniences, covering a distance of 16 miles from foothill of Katra to have darshan and blessings of Mata Vaishno Deviji. When the Legislature of the State of Jammu and Kashmir stepped in for effective and proper management of the Shrine and convenience of the pilgrims and the Shrine, it gave rise to the present litigation. These appeals, sequally, by special leave arise from the common judgment of the Division Bench of Jammu and Kashmir High Court, made on March 17, 1994 in C.W.P. Nos. 1328/96 and 1039/95. The appellants challenged the constitutionality of the Jammu and Kashmir Shri Mata Vaishno Devi Shrine Act, 1988 (XVI of 1988) (for short, the "Act"). On March 17, 1986, the Governor, exercising the power of Section 92 of the Constitution of Jammu and Kashmir promulgated Ordinance No. 1 of 1986 which got transformed into J. and K. Shri Mata Vaishno Devi Shrine Act, 1986. the Governors Act is now replaced by the Act, The Act has come into force by operation of Section 1(2) of the Act w. e. f. August 13, 1986, the date on which the said Ordinance had come into force.
(3.) The Preamble of the Act manifests that the Act came to be passed "to provide for the better management, administration and governance of Shri Mata Vaishno Devi Shrine and its endowments including the land and buildings attached, or appurtenant to the Shrine, beginning from Katra upto the holy cave and adjoining hillock currently under the management of Dharmarth Trust." Section 2 gives to the Act overriding effect and envisages that the Act shall have effect notwithstanding anything to the contrary contained "in any law or in any scheme of management, decree, custom, usage or instrument". The Act consists of, in all, 25 Sections. .Section 3(a) defines the "Board" to mean "the Shri Mata Vaishno Devi Shrine Board constituted under this Act," Section 3(b) defines "Endowment" to mean all property, movable or immovable including the idols installed therein. The important facet of this definition of "endowment" is that the sum total of properties belonging to, given or endowed for the maintenance, improvement, additions to or worship in the Shrine or for the purpose of any service or charity connected therewith including the idols installed therein, the premises of the Shrine, the lands and buildings attached or appurtenant thereto, beginning from Katra upto the holy cave and the adjoining hillocks, are the endowment of Mata Vaishno Deviji. They all, as on date of the Act, were endowment properties under the management of the Dharmarth Trust, or property belonging to Baridar or Baridars Association within the area specified in the Preamble of the Act, Section3 (c) defines "Shrine Fund " to mean the endowment and includes all sums received by or on behalf of the Shrine or for the time being held for the benefit of the Shrine, it is an inclusive definition and details of the endowments described therein being not material, the same are omitted. Section3 (d) is relevant of Shri Mata Vaishno Devi Shrine and includes the Shrine, holy cave and other temples within the premises specified in the preamble of the Act, It would, thus, be clear that the Act was made to provide better management, administration and governance of Shri Mata Vaishno Devi Shrine, its endowments, all temples, and sum total of the properties, moveable and immovable attached or appurtenant to the Shrine within the area specified in the preamble of the Act, notwithstanding the fact that there exist any law, scheme of management, decree, custom, usage or instrument to the contrary. The object of the Act, therefore, clearly is proper, effective and effective management, administration and governance of the Shrine, its endowments and properties. All this is aimed to cater facilities, sources and comfort to the pilgrims who visit the Shrine.;