KASHMIR SENTINEL

LARGEST CIRCULATED ENGLISH FORTNIGHLY OF J&K

ISSUE FOR THE FORTNIGHT APRIL 15-30, 1999


MIGRANT PROPERTY LISTS
ADMINISTRATION AGAIN PLAYS FOUL

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First the separatists pushed Kashmiri Hindus out from their homeland and now they want to thwart any chance of their return by grabbing their property or making it disputed. The display of migrants' property lists at the office of Relief Commissioner, which reflects glaring irregularities can only gladden the hearts of these vested interests.

After mass exodus of KP's from Valley in 1989-90, the migrants were asked to submit immovable property statements to state administration to compile comprehensive list of the left over immovable property of KP's in order to ensure its safety in 1993. The process was initiated on the directions of the Central government. However, State administration adopted a shilly shalley policy and the same lists were compiled after six years when National Human Rights Commission (NHRC) intervened in the matter. State Revenue Minister Ali Mohd Naik told assembly with pride that 'stupendous job of inventrization of the total immovable property left behind by the migrants in Valley has been compiled' giving details of the property he said, 'as per the inventory prepared, the property, left behind by migrants in the Valley included 17,000 houses; 53400 kanals of agricultural land and nearly 27,000 kanal orchards. The consolidation of the district-wise demarcation of the property has been completed and copies of the same are available in the office of Relief Commissioner, Jammu as well as Resident Commissioner's office, New Delhi for inspection by the migrants'.

However, a cursory look of these so called 'property lists' shows that these lists are bogus and a mockery with the beleaguered community. There lists are far from genuine. One, Sh Ram Nath Pandit of Umanagri (Uttersoo) is owner of more than 40 kanals of land, mostly orchards, having 100 walnut trees and about a 1000 other trees. He is also to get back about 15 kanals of land from tenants under land reforms act. Further, he owned (now gutted) ½ of 2 big pucca houses, 1 kuthar and 1 cowshed. The property list compiled by the State administration shows him owner of just 5 kanals, 7 marlas only and surprisingly not a single tree, and reportedly of 1 house. There is a mini village Amarkhar (Manzalwani) near Hardpora in Anantnag district. 4 KP families and 1 Muslim family lived there and these 4 KP family owned exclusively a large area of land having thousands of trees. But the state property list shows them owner of 'No Land' and one wonders whether they were living in vacuum there. When this correspondent visited Relief Commissioner's office at Jammu, he found people desperatedly looking for there names in these inventeries but felt shocked over the bogus entries.

Even some names are reportedly, totally absent from these lists. 'I am at a loss of about 2.5 lacs annually as result of walnut fruit and other agricultural products and not to speak of the value of property. However, the government has shown my property which will not value even 50 thousand of rupees; says RN Pandit. 'We have always been victim of state discrimination. The callous communal administration has deliberately shown less property. In case, the migration prolongs and government decides to compensate, the community will be at loss', says another Kashmiri Pandit at the relief office.

People apprehend that there might be large-scale fraudulent mutation of KP's property. The migrants had been crying hoarse of fraudulent mutation since their migration, however, government brushed away these charges initially.

In 1994 government admitted fraudulent mutations of KP property and assured of action. But the process is reportedly still continuing and recent 'Pahalgam land scandal' has authenticated these reports. In cases where houses have been fraudulent by occupied, the state government has mentioned that these houses are under 'tenancy' Farooq Abdullah government passed the bill of J&K Migrant Immovable Property (Preservation Protection and Restrain on distress sales) in 1997.

However, this act proved to be a failure. Besides fraudulent property transactions the sale of property has gone up. Mr Naik admitted in Assembly that total number of permissions issued by Divisional Commissioner, Kashmir under the Migrant Property Act are 396 involving sale of 375 houses and 1076 canals of land. Under the said act, the Deputy Commissioners were appointed as the custodians of migrant property. Thus the government is bound to look after the property and pay the cost of annual fruit and agricultural product to its owners. But the government failed on this account also and illegal occupation of land as well as houses still continues State government itself admitted in the house that about 635 houses and 2000 kanals of land of migrants is under illegal occupation and just 26 houses and 116 kanals of land have been got vacated from unauthorised occupants.

Even these estimates are far from true as maximum number of migrant houses and huge area of land is being illegally occupied by the criminal vested interest. Even it is alleged that the police and revenue officers are charging these occupants regularly.

The State administratia appears to be hoodwinking Central government, National Human Rights Commission and nation on opinion on migrants issue. National Human Rights Commission, hearing a number of cases of migrants, issues just suggestions to State and Central governments and fails to redress any of the problems of the hapless KP community


Uteesh Dhar