Tuesday, July 23, 2019
 News Details
Migrant family seeks swift and stern action against land grabbers
appeals Governor's administration to intervene, land encroached at village Kolapora in district Ganderbal

Jammu, April 12, (Scoop News)-Despite an official directive warning against attestation of illegal mutations of properties owned by Kashmiri Pandits migrants by revenue officials in Jammu and Kashmir after onset of terrorism in the state, a huge piece of land owned by a displaced Pandit family at Ganderbal in Central Kashmir has been encroached upon ''illegally'' by a local Muslim family.

Safapora is nearly 30 km northeast of Srinagar, the summer capital of north Himalayan state of Jammu and Kashmir. The village is located on the banks of famous Manasbal Lake.

Over a score of Kashmiri Pandit families lived in a peaceful atmosphere till militancy erupted in 1990 resulting in their forced exodus from the Valley leaving behind their homes and hearths.

The Pandit family which migrated from Kashmir valley in 1990 and has been living in Jammu in rented accommodation for the last three decades, has now sought immediate intervention by the Governor’s administration in removing the illegal encroachment on their legally-owned landed property.

A huge part of the land owned by the Kashmiri Pandit family at Kolapora, Safaproa, Tehsil Lar, in District Ganderbal has been encroached upon by a local Muslim family by erecting a corrugated tin sheet wall around it. by one Mohiud Din Rather son of late Mohammad Ismail Rather resident of Kolapora, Safapora. Tehsil Lar, District Ganderba, Kashmir.

“We have not sold the land nor have we issued any power of attorney in his favour for the said land or any part of it,” the aggrieved family said.

In addition to agricultural land, the family owned over 7K and.10 Marlas of land with two three storey houses besides an outer house under

survey numbers 1162, 1163, 1164, 1165, 1166 and 1167 in the village before their migration from the Valley in 1990.

The family referred to an official circular issued by the Financial Commissioner (Revenue) warning against attestation of illegal

mutations of (migrant properties) by revenue officials.

The land was being used by the co shareholders for residential purposes and the dwelling houses of the co sharers were existing on

the land till they were forced to flee from the Valley because of terrorism in 1990.

The displaced family is not in a position to take care of said land because of the prevailing situation in the Valley.

Acknowledging the fact that it was not possible for the members of minority community to safeguard their immovable properties left

by them in the valley at the time of migration in 1990, the government promulgated an Act Jammu and Kashmir Migrant immovable

Property (Preservation, Protection and Restraint on Distress Sales) Act, warning against attestation of illegal mutations of (migrant

properties) by revenue officials.1997. Under the Act the District Magistrate was declared to be the custodian of migrant property and

was vested with powers to take over the immovable property in his custody.

“The migrant property is deemed to have vested with the Deputy Commissioner concerned and he was under statutory obligation

to preserve and protect the immovable property left behind by the migrant at the time of his/ her migration,” the displaced family pointed out.

The family is already locked in a legal battle with another encroacher, Ghulam Ahmed Bhat, son of late Mohammad Akhbar Bhat,

resident of Rather Mohalla, Safapora, Tehsil Lar, District Ganderbal who misused his authority as a policeman, usurped the migrant

property and clandestinely managed to obtain alienation of land by suppressing the facts before the authorities. The High Court, while disposing of the writ petition by the petitioner, had directed the Deputy Commissioner- Ganderbal to take action in accordance with the provisions of Migrant Act and ensure that the property is preserved and protected against all kind of unlawful encroachments.

In a bid to expose the nexus between revenue officials and land grabbers, the aggrieved family has vowed to take up the matter with highest authorities in the state administration and beyond.

The migrant family alleged that deliberate attempts were being made by local officials of the revenue department to impede settling

of the case by addressing non factual or wrong information or addressing responses to unconcerned authorities.

Demanding a stern action against the culprits, the family appealed the administration to get their land evicted.

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