J&K: Kashmiri Pandit woman alleges encroachment on property despite status quo from HC

Srinagar: A Kashmiri Pandit migrant woman on Thursday alleged encroachment on her property in Jammu and Kashmir's Srinagar district despite the status quo order by the Jammu and Kashmir and Ladakh High Court.

Shakuntala Jalali, the daughter of Shambhu Nath Jalali and a resident of Habba Kadal in Srinagar, has alleged encroachment on her property at Omarheer in Soura area of Srinagar outskirts, claiming that a large portion of the land has been enclosed with concrete blocks and metal fencing despite court directions for its protection.

Shakuntala Jalali, currently residing at Muthi Migrant Camp in Jammu, said her property comprises around 165 kanals of land, including 51 kanals of open land.

She has sought the intervention of the Srinagar district administration, urging action against those allegedly encroaching upon the property and officials responsible for any lapses.

She said the dispute is pending before the High Court of Jammu and Kashmir and Ladakh in Writ Petition (Civil) Number 1373 of the year 2023, titled Shakuntala Bhan v/s Union Territory of J&K and Others.

"An order dated February 7, 2024, directs the Srinagar Deputy Commissioner Akshay Labroo and Srinagar Municipal Corporation Commissioner Basharat Qayoom, to ensure maintenance of status quo over the property," she added.

An earlier order issued by the office of the Srinagar Deputy Commissioner on June 7, 2023, directed the Tehsildar Eidgah to take the property into custody in accordance with the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997.

Protective boards have also been installed at the site, declaring the property sub-judice and under the custody of the District Magistrate.

Despite these measures, Jalali has alleged that a large portion of the land has been enclosed with concrete blocks and metal sheets.

She has also raised questions over the issuance of land-revenue extracts, known as Intikhab, by the concerned Patwari in favour of persons claiming rights over the land.

Concerned Ward Officer has said the person who erected the concrete blocks had produced a land-revenue extract issued by the Patwari.

Jalali has appealed to the Srinagar district administration to examine the matter, establish how the revenue extract was issued in relation to the property and take appropriate action against the alleged encroachers and any officials found responsible.

The Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, protects the land and homes left behind by displaced persons and Kashmiri Pandits who migrated from the Kashmir Valley after November 1, 1989.

The District Magistrate takes over the legal custody and physical protection of migrant immovable properties to prevent encroachment or distress sales.

Any sale, gift, exchange, or mortgage of migrant property without the explicit, prior written permission of the competent authority (Divisional Commissioner) is null and void. No such document can be registered.

District Magistrates have the authority to evict unauthorised occupants and restore possession.

Occupants can also be penalised with compensation or rent equal to at least double the market value.

Such a property cannot be handed back to anyone other than the rightful migrant owner, and physical possession is only returned with the explicit written consent of the migrant.

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