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JK High Court Seeks Status of KPs Properties

Jammu, February 13 (Scoop News)-AIKS case no. OWP-477/2016 V/S Union of India was listed and heard at the Hon'ble High Court of Jammu and Kashmir on 27.01.2020, by a double bench, comprising of the Hon'ble Chief Justice Gita Mittal and Hon’ble Justice Rajesh Bindal. The petitioners were represented by our team of lawyers, namely, Sarvashri P.N Raina, Senior Advocate, and Advocates P.N Goja, Kashmiri Lal Bhat and J.A Hamal. The respondents were represented by Sh. S.S Nanda, Senior AAG.



This case was initially field by AIKS at the Hon’ble Supreme Court of India in 2006 and continued to be heard there till 2016, when it was transferred to J&K High Court. Since then, the case is being heard at Jammu. The AIKS had approached the Hon’ble SC with a number of grievances that the displaced Kashmiri Pandits wanted the Union of India to address, after our exodus from Kashmir in 1989-90.



On 18.07.2018, the Honorable High Court of J&K had passed an order in which it imposed a fine of Rs. 20,000/- on the J&K State for not providing the details of the distress sale of their property by Kashmiri Pandits in Kashmir, consequent to their exodus. In its order dated 27.01.2020, the Hon’ble High Court recorded that Rs. 21,000/- had been recovered from the UT Govt (Rs 20,000 as penalty imposed earlier, plus Rs. 1000 as interest) and the sum had been deposited with the J&K Lawyers Welfare Fund.



It may be mentioned that the State Govt had earlier filed the status report of the distress sale of property as mentioned above, and other relevant details on 20.05.2019. Sh. P N Raina, one of our advocates, had sought time to file response to this status report.



In its order dated 27.1.2020, the Hon’ble bench also made a pointed observation that there is no mention of rehabilitation of KP migrants in the UT of Jammu & Kashmir. The Court directed the Secretary, Relief & Rehabilitation, UT of J&K, to inform the Court through an affidavit, the steps taken by it for rehabilitation of displaced Kashmiri Pandits.



The Hon’ble Court further directed the respondents to provide the following details of the distress sale etc., in a tabulated format:-



1. Details of Land belonging to the displaced Kashmiri Pandits, which stands encroached /trespassed and the steps being taken for its removal.

2. Present status of the property owned by Kashmiri Migrants, including temples, places of worship and other institutional structures.

The next date of hearing has been fixed on 06.03.2020.


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