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Displaced Kashmiri Pandit community pin hopes on High Court’s intervention, DC’s asked to furnish inventories of migrant properties left in Kashmir
a PSO of former CS manipulates revenue documents despite Govt.’s custody.


Jammu, November 17 (Scoop News)-A Division Bench of Jammu and Kashmir High Court had warned the state administration that the court shall be constrained to pass appropriate orders in case the status report on encroachment of migrant property was not filed before next date of hearing.

The Court had also sought the measures taken by the administration (respondents) under section 4 of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restrain on Distress Sales) Act 1997 for maintenance of the properties of the migrants in Kashmir division after obtaining possession thereof.

The Divisional Commissioner Kashmir has been directed to clearly state in its status report as to whether the work of identification of the encroachment of the properties of the migrants in Kashmir division has been undertaken by them.

The Division Bench comprising Justice Alok Aradhe and Justice Tashi Rabstan passed these directions while hearing a writ petition filed by All India Kashmiri Pandits Samaj.

The state administration, in its turn, has sought details from the community members after the state’s apex court had expressed displeasure for government’s failure to provide inventory of such properties and the status report thereof.

In 2008, the state government had issued a circular to the revenue department and all District Magistrates (DM) of Kashmir division to revisit all mutations attested so far under section 13 of the Jammu and Kashmir Land Revenue Act.

Well informed sources said that Additional Commissioner (Kashmir) in Div Com’s office had called a meeting of all DM’s last week (November 11) to discuss the issue and get the inventories of migrant properties prepared in their respective districts.

Earlier, the apex court had issued several orders seeking action against the illegal sale or construction. The displaced community is seeking removal of illegal occupation, encroachments and annulling of all sale deeds of immovable property. They are also seeking a thorough probe how the immovable property under the custody of government was mutated and its title changed besides construction of structures permitted and the land restored to its original owner.

Right to hold property continues to be the fundamental right in the state of Jammu and Kashmir under Article 19 of the Constitution of India. A person can be deprived of his property only in accordance with procedures of law. The Article 300 A of Constitution of India provides that no person can be deprived of his property save by authority of law. The Article 300 A has the attributes and flavor of those of the provisions of the Constitution which fall in Part 3 of the Constitution.

A widely publicized land usurpation case of a displaced Pandit family of Kolapora, Safapora is an instance of such diabolic attempt by a former policeman who took disadvantage of his uniform and position. He manipulated documents and obtained clearance from various revenue offices when he was serving as a personal security official (PSO) of a former chief secretary of the state in gross violation of the Act and established rules.

Narrating their plight, the displaced family said the property in dispute measuring seven Kanals and four Marlas at Village Kolapora, Safapora, tehsil Lar and district Ganderbal- Kashmir (formerly tehsil Sonawari, Sumbal and district Baramulla- Kashmir) is jointly owned by about 12 co sharers.

The said land bearing survey numbers 1162, 1163, 1164, 1165, 1166 and 1167 was a joint and undivided property. It (land) was being used by the co sharers for residential purpose and the same was being enjoyed by all the co sharers, jointly. The land was not partitioned/divided apportioned or demarcated till all the co sharers were forced to leave and migrate from the Valley in 1990 in the wake of eruption/n of armed insurgency.

In, February and March 2002, five of the 12 co sharers clandestinely executed Power of Attorney through two separate deeds in favour of one Imtiyaz Ahmed Bhat S/o Ghulam Ahmed Bhat (the then PSO of a former chief secretary), a resident of the same village out of joint property which was not apportioned till date, suppressing facts, and in total betrayal of mutual trust. The remaining seven shareholders were neither taken into confidence nor informed about the execution of Power of Attorney.

These five co sharers, while executing General (Irrevocable) Power of Attorney in terms of the said land, jointly owned by seven other sharers in favour of Imtiyaz Ahmed Bhat s.o Ghulam Ahmed Bhat (A PSO of former chief secretary) of village Kolapora, Safapora tehsil Lar District Ganderbal, also authorized him to alienate the said land and execute a sale deed in favour of his father Ghulam Ahmed Bhat, a resident of Kolapora, Safapora in absolute contravention of Circular No FC/L9/ Mutation/94 issued by Deputy Commissioner (Central), GM Mir on 25-10-1994 warning against attestation of illegal mutations. It was also in absolute violation of the Jammu and Kashmir Migrant (Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act 1997.

The said Act was promulgated as the government had acknowledged the fact that it was not possible for the members of the minority community to safeguard their immovable property left by them in the Valley at the time of their displacement in the year 1990, and the concerned District Magistrate was declared to the CUSTODIAN of the migrant property and was vested with the power to take over the immovable property in his custody within the period of ONE MONTH from the date the Act came into FORCE.

The aggrieved co sharers from time to time had been requesting the District Magistrate concerned (DM- Ganderbal in this case) but he (DM) failed to perform his statutory duty. The applicants had also issued public notices which were duly published in Greater Kashmir and other newspapers including Srinagar Times and Aafaq, having wide circulations in Kashmir Valley, in which it was notified that the aforementioned property was joint and undivided, nobody should deal with the said land.

The applicants also made representation to the Chief Minister of Jammu and Kashmir State twice in 2002, and second time in 2006. In response to first communication in 2002, the Special Secretary to the then Chief Minister vide his communication dated 14-3-2002 had communicated to the Divisional Commissioner Kashmir to get the matter examined with personal intervention and ensure that no illegal measures were adopted in dislocating the legitimate owner from his right under law.

Till March 2002, no permission was granted for executing any sale deed with aforementioned land.

However, the Divisional Commissioner Kashmir, without making a thorough inquiry in the matter, issued permission of alienation with respect to the aforementioned Ghulam Mohammed Bhat, giving go by to all the procedure required to be complied with under law, and also in violation to the direction issued by the Chief Minister. The permission was granted vide order No, 2129 of 2002 dated 20-10-2002.

The land illegally occupied by Imtiyaz Ahmed Bhat grossly exceeds the share of the stakeholders who had executed the General Power of Attorney in his favour.

The aggrieved sharers made second representation in 2006 to the then Chief Minister against breach of temporary injunction for maintaining the status quo granted by civil court regarding the property in dispute. Additional Secretary to then Chief Minister in March 2006 wrote to Divisional Commissioner Kashmir asking him to protect legitimate interests of all shareholders and remove illegal encroachemtns.

Few co sharers along with other stakeholders filed a writ petition OWP No 490 of 2009 against the state of J&K through DM Ganderbal seeking direction to respondents for implementing the provisions of the Migrant Act in order to safeguard the rights of the owners over the aforementioned land. The said writ petition was decided by the Hon’ble High Court vide order 11-5-2009 and the High Court while disposing of the said writ petition had directed the District Magistrate Ganderbal to take action in the matter in accordance with the provisions of Migrant Act to ensure that the property is preserved and protected against all kinds of unlawful encroachments.

However, Ghulam Ahmed Bhat (the then PSO of former chief secretary) in order to safeguard his illegal act and unauthorized occupation and illegal construction raised on a portion of the said land and filed a civil suit titled Ghulam Ahmed Bhat Vs State of J&K and others, wherein he suppressed some crucial information.

In the meanwhile, the order of 2nd Additional Munsiff Jammu was observed in BREACH, and a double storey structure came up despite the court directive of maintaining STATUS QUO ANTE on the suit land measuring seven Kanals and four Marlas.

At Kolapora village about half a dozen families of Kashmiri Pandits were living in a most serene and peaceful manner, till militancy erupted in 1990, leading to their forced exodus. From 2002 onwards the aggrieved families from their place of temporary settlement have hardly left any stone unturned to protect and preserve their immovable property.


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