J&K Migrant Property Act,1997 J&K seeks Justice.

 J&K  Migrant  Property Act,1997 J&K seeks Justice.

Kashmiri Pandits globally  acknowledged as an intellectual community, have their roots in Kashmir Valley since more than five thousand  years  back but unfortunately  had to forcefully migrate from Kashmir Valley in the year of 1989-90 due to Pakistan Sponsored Terrorism and their  massive target killings  at the hands of Terrorists and Pakistani stooges  who were operational in the valley to spread rein of terror and were fighting against Indian system  with an aim to make kashmir a part of Pakistan. Therefore More than five lakhs kashmiri Migrants had to leave kashmir Valley under the fear phychosis and threat to their lives posed  by these Pakistani Sponsored Terrorists  leaving behind their homes and hearth and immovable property  worth  crores. It  was really like a bolt from blue for them and after the  forceful exodus of this micro minority  community, they took shelter in temporary Tents in Jammu, Udhampur  and got scattered in different parts of the country in a miserable and pathetic condition without any proper source of livelihood and the  then  Government at the helm of affairs  miserably failed to take any tangible step to stop their migration rather it also failed badly to contain violence and terrorism. Hence  with the result the whole community of Kashmiri Pandits was wiped out from Kashmir. They In this harsh migration and high temperature of more than 43 degrees,  had to face multiple hard problems for making their survival as well had to bear the brunt of high temperature also  to which they were not mentally prepared  and used to and  many  Kashmiri Pandits died due to snake bites in these temporary tents/camps and many more died due to starvation and poverty. 

There was big hue and cry among this displaced community on account of survival, worry for future of their off springs, mental trauma on account of loss of their homes and hearths, immovable property worth crores and with in no time this minority  community was rendered homeless, helpless and was seen fast  struggling for their survival and livelihood in Jammu, udhampur and other parts of the country in 1990.

The displaced community had a  big worry and tough challenges confronting  after  forceful exodus  for their survival , livelihood and cultural identity   and in this tough  Situation , the people of Jammu voluntarily rendered their helping hand to this community  in the shape of opening their own houses for Kashmiri Pandit families  and offered every sort of help  to tide over their difficulties for which  they feel always  obliged and humbled. Many social organisations  , BJP & RSS unit of Jammu and Kashmir also came forward and played their important role  in helping this community by providing every sort of help in the shape of essential commodities, facilitating their registration process for relief , availing accommodation and did lot many  thing  of survival for them.  The  period of 1990 was the most crucial and difficult  era   for all the Kashmiri Pandits who had never imagined to experience such an alarming and   devastating situation that could have emerged for them since their existence  and would  have never imagined that  they would have to leave their birth places which was a paradise for them since thousand years.

It is important to  say that  the general  perception  among this community  in 1990  was that  their exile period would be  perhaps a temporary phase  of about six months or mostly  one year but  after that the normalcy would return in valley  and they would  once again return to their homes and hearths and get connected with their ancestral roots. This all perception proved futile because soon after the migration of more than five lakh people, their lands, houses, shrines, temples and all other immovable assets were either fastly illegally  encroached, grabbed, set on fire or dismantled  under a well thought out machinations and plan , thus gave a big  set back to their perception  and dream of returning back to their homes and hearths. Hence in this way  a big demographic change took place in the entire Kashmir valley especially in those areas where kashmiri Pandits used to live.

The elected  Government  came into existence in 1996 which  after assessing the whole situation on the ground  found that the maximum lands, houses, shrines and temples of Kashmiri Pandits are under illegal occupation of either anti social elements, politicians, neighbours or under a land Mafai and hence  they formed a law on the floor of the Assembly to preserve, protect, retrieve  and restore their immovable property under the name and style " Jammu and Kashmir Immovable Migrant Property Act 1997".  Under this law of Immovable Migrant Property Act 1997,  all the Dy. Commissioners concerned were made  the sole custodian of Migrant property and under this law,  he has all the powers to evict, retrieve, restore, preserve and protect the illegally occupied migrant properties any where in the valley but till date this law has not been implemented in true letter and spirit so far despite passing more than thirty four years of their exile period  which is matter of serious concern and deserves  immediate review at the Highest Level for its  true implementation on the ground with proper accountability, transparency, fast delivery of  imparting justice to the land complaints of Kashmiri pandits and strict action against land grabbers and their sympathizers sitting inside the system.

Jammu and Kashmir  Immovable Migrant Property act 1997, was intended to  protect, restore and preserve the ancestral lands and shrines of displaced Kashmiri Pandits has fallen short of achieving its sole  purpose so far.  Displaced Kashmiri Pandits  who have been living in forced Exile for over 34 years  continue to face significant challenges in reclaiming  their ancestral lands in Kashmir valley. The act, initially  established to safeguard  against the illegal encroachment by anti social elements  and Land Mafias, has become ineffective  due to alleged negligence, favoritism  and inefficiencies  at  the Lower level.  This all has left the countless Migrants in a frustrating cycle of trying  to region control of  their properties  with little success. A Migrant grievances portal was formed at the Government level a few years ago which proved to be successful to some extent with some accountability at the highest level but presently for some time, this Migrant grievance portal has proven ineffective due to  non cooperation  and  malpractices at  lower ends who are still hand in glove with the encroaches  and land grabbers. 

There are still many people within the system who have deliberartly misused this law for their vested interests and with communal mind set  have facilitated the  land grabers to grab the migrant land that  too needs high level enquiry and those responsible for such malpractices be put to task as per the law of the land which is still very much active in this illegal activity in valley.

Despite passing of more than 34 years, Kashmiri Pandits presently also face tough challenges regarding  the retrieval and restoration of  their ancestral lands and shrines occupied illegally by various elements  and Land Mafia in Kashmir  to protect and restore  these immovable properties  under the oversight of the concerned Dy. Commissioners. Many Migrants  are running from pillar to post in different courts in Kashmir  regarding illegal encroachments but face  big  obstacles  at  every level  due to   non cooperation and ineffective implementation of this Migrant Property Act 1997 which was supposed to be implemented in letter and spirit for sake of justice and equity for this displaced community. 

Conclude : 

Jammu and Kashmir  Immovable Migrant Property Act 1997 was passed on the floor of Assembly  of  Jammu and Kashmir in 1996 during the regime of National Conference with the sole purpose to safeguard the immovable Migrant Properties and under this law  all the Dy. Commissioners concerned were  assigned the responsibility to act as Custodians  of Migrant Property but unfortunately till date after passing of more than 34 years of exile period of Kashmiri Pandits, this law could not be implemented in toto due to  negligence, favoritism, communal mindset  and irresponsible behavior of the officers concerned  and with the result  thousand kanals of land of Kashmiri Pandits are  illegally encroached, occupied and grabbed every where in Kashmir without any  fear of  law of the land.  Many Kashmiri Pandits are being deliberately engaged unnecessarily  in various courts in Kashmir so that they get fed up with the trail after trail and  finally leave the claim on their lands with a well thought out machinations.

Kashmiri Pandits strongly demand that this immovable Migrant Property Act enacted in 1997 needs to be implemented fully on the ground and appeal to Government of India, Lt. Governor and Chief Minister of Jammu and Kashmir   to constitute a committee in every District in Kashmir with concerned Dy. Commissioner as its Head, Relief & Rehabilitation Commissioner J&K , 2 members of Kashmiri Pandits from each District and Tehsildar concerned as its members under this law  for fast revival of this Migrant law in true letter and spirit as well  for quick resolution of  land  grievances   and facilitate the quick retrieval of immovable properties encroached upon by illegal occupants with accountability at the Highest level  with periodic feedback meets at least once a month as this law truly seeks justice not only for itself but also for those for whome it  was enacted and formulated on the floor of Assembly. All the Kashmiri Pandit community leaders, social activists, intellectuals ,writers and philanthropists have resolved unanimously  to keep raising their strong voice strongly  for its implementation  in true letter and spirit  in times to come for sake of justice.

To get insight of J&K immovable  Migrant Property Act 1997 Check out the original file 👇

Migrant Property Act 1997

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