Constitute STF with authorisation of competent authority to remove illegal encroachers: G L Raina
BJP leader and former MLC on Monday in press statement to KNS said, Encroachment of immovable property belonging to the Displaced Community of Hindus in Kashmir valley is a serious matter. The issue has been raised by the community repeatedly and at all available platforms.
With the reorganisation of the erstwhile state into Union Territories and issuance of the Jammu and Kashmir Reorganisation (Adaptation of State Laws) 2020 on 31st March 2020 and amendment to the Jammu and Kashmir Migrant Immoveable Property (Preservation, Protection and Restraint on Distress Sales) Act 1997; the competent authority is authorised to prepare details of immoveable property of the Displaced Community and take appropriate action including “use such force as is necessary for taking possession of such property” to evict unauthorised occupants of such property.
The competent authority as per 1997 Act was the concerned District Magistrate who was supposed to “take over the possession of immovable property, belonging to Migrants, falling within his territorial jurisdiction”.
Since District Magistrates have failed to comply with the Act in past it is very difficult to assume that they will take custody of the left behind property of Displaced Community in future, leave aside evicting the illegal occupants.
It needs to be underlined that different departments of the government have also been encroachers and grabbers of Land belonging to Displaced Community. Vichar Nag, SomYar Temple, Chattabal Temple land, land at Solina, Mandir Bagh, Dalgate are some of glaring examples of land grabbing in City of Srinagar. Same is the story across valley. Devsar, Vanpoh, Gulmarg, Sopors Sogam, Handwara, Baramulla are other prominent places were large scale encroachment has taken place. This is the list of community property only. Land and immoveable property belonging to individuals is exhaustive.
It is therefore necessary to create a separate Special Task Force (STF) to look into the matter and ensure a time bound action plan to evict the encroachers and land grabbers and restore the property to lawful owners. It is pertinent to add that some members of the Displaced Community were forced to enter into sale deed under distress. Various reasons for distress sales include the fear of losing entire property to the grabber. It is therefore important and humane to declare these Distress Sales as Null n Void. Even the Parliamentary standing Committee has recommended such an action.
My appeal to the administration of LG is to take cognisance of this sensitive issue and constitute a STF with authorisation of competent authority to remove illegal encroachers and land grabbers. (KNS)
