Kashmiri Pandit Woman Alleges Land Encroachment Despite Court Order in Srinagar

Srinagar, October 29 (Daily Kiran) : A Kashmiri Pandit woman has accused individuals of encroaching on her land in Srinagar, despite an order from the Jammu and Kashmir and Ladakh High Court to maintain the status quo. Shakuntala Jalali, a resident of Habba Kadal in Srinagar, reported that a significant portion of her property in the Umarheer area of Soura has been surrounded by concrete blocks and metal fencing.

Currently residing in the Muthi migrant camp in Jammu, Jalali stated that her property spans approximately 165 kanals, including 51 kanals of open land. She has called upon the Srinagar district administration to intervene and take action against those encroaching on her land, as well as any officials deemed negligent in their duties.

This dispute is part of a pending writ petition (Civil) No. 1373 of 2023, titled Shakuntala Bhan vs. Union Territory of Jammu and Kashmir and others, currently before the High Court. Jalali highlighted that a directive issued on February 7, 2024, instructed Srinagar’s Deputy Commissioner Akshay Labroo and the Municipal Commissioner Basharat Kayoom to ensure the property remains protected.

Previously, an order from the Deputy Commissioner’s office in June 2023 had directed the Tehsildar of Eidgah to take possession of the property under the Jammu and Kashmir Migrant Immovable Property (Protection, Security and Restraint on Sale) Act of 1997. Protective boards have been placed on the site, declaring the property as under consideration.

Despite these measures, Jalali claims that a large section of her land has been enclosed unlawfully. She has raised concerns regarding land-revenue documents issued by the local patwari, which were used by the encroachers to claim rights over her property.

Jalali is urging the Srinagar district administration to investigate the matter, clarify how the revenue documents were issued, and take appropriate action against the encroachers and any officials found responsible for the situation. The Jammu and Kashmir Migrant Immovable Property Act aims to protect the properties and homes left behind by displaced individuals, particularly Kashmiri Pandits, following their exodus from the valley after November 1, 1989.

District magistrates are responsible for ensuring the legal custody and physical protection of migrant properties to prevent unauthorized occupation or sale. Any transfer of such properties requires explicit written consent from the rightful migrant owner, and unauthorized occupants can be evicted with double the market value as compensation.

Jalali’s case highlights ongoing challenges faced by displaced communities in reclaiming their properties and navigating legal protections.