HC directs DM Anantnag to restore 11 kanal land to 2 migrant Kashmiri Pandits

Srinagar, Aug 12: The High Court of J&K and Ladakh has directed District Magistrate (DM) Anantnag to restore to Kashmir Pandits over 11 kanal of land situated at village Trahpoo, in Achabal tehsil of Anantnag district.

The property was claimed as “religiously donated” by Shri Ramakrishna Mahasammelan Ashram (SRMA) Nagadandi.

Two brothers - Rituraj S Kathju and Kandarp S Kathju - had petitioned the court through Areeb Javed Kawoosa, seeking to quash proceedings initiated against them by the authorities in response to the Shri Ramakrishna Mahasamelan Ashram Vivekananda Kendra Nagdandi Achabal Anantnag through its Secretary Atul Saha.

Allowing the petition, a bench of Justice M A Chowdhary, quashed the proceedings with regard to the land and directed District Magistrate, Anantnag, to take possession of the landed property belonging to the brothers and restore the same to them in accordance with the mandate of Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997.

In their plea, the petitioners claimed that their grandfather and father were the owners and possessors of land measuring 11 kanal and 3 marla in village Trahpoo.

They said that the land was purchased by their grandfather, Kanwarlal Kathju, son of Rattan Lal of Srinagar and the same was transferred to their father Siddharth Kathju, being the only child of Kanwarlal Kathju.

They contended that on the piece of land, a cottage had been built by their grandfather, which remained unattended due to the fact they had to leave Kashmir and could not come back because of the uncertain conditions and threat to their lives post “law and order” circumstances that emerged in Kashmir in1990.

The petitioners submitted that they approached concerned revenue authorities to get the land owned by their father mutated in their names but were informed that some persons, on behalf of some Ashram and Committee, had approached them regarding the related land.

The brothers submitted that being Kashmiri migrants they filed various applications before DC Anantnag for safeguarding their property in terms of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 but “no action was taken”.

On the other hand, Shri Ramakrishna Mahasamelan Ashram Vivekananda Kendra Nagdandi Achabal, Anantnag, through its Secretary contended that the land is ‘Sankalped’ that is religiously donated by one Kanwar Lal Kathjoo.

However, according to Ashram, the entries could not be changed due to an incorrect perception of the law of state subject.

Meanwhile, based on the directions by the court, Deputy Commissioner (DC) Anantnag finally decided applications filed by the brothers in terms of order on March 4, 2023, wherein it invoked the provisions of Sections 4 and 5 of the J&K Migrant Immovable (Property, Preservation and Restraint on Distress Sales) Act, 1997, and directed Tehsildar Anantnag to evict the unauthorized occupation over the land and safeguard the migrant property.

The order, as observed by the High Court, followed a report submitted by the Tehsildar on February 1, wherein it has been stated that the land in question is not under the possession of the brothers and that the same is under the possession of Shri Ramakrishna Mahasammelan Ashram (SRMA) Nagadandi through tenants.

The Tehsildar reported that the Nagadandi Ashram Caretaker could not produce any registered document by virtue of which it could be assumed that the possession of the land was legal.

“The present petition is allowed and the proceedings filed by the Respondent No 7 {(SRMA) Nagadandi} with regard to the land measuring 5 kanal falling under Survey No 566/465; 1 kanal and 2 marlas falling under Survey No 569/447; 1 kanal and 17 marlas falling under Survey No 488; 1 kanal and 17 marlas falling under Survey No 449/1; 3 kanal and 6 marlas falling under Survey No 562/449; and 5 marlas falling under Survey No 563/449 situated at village Trahpoo, tehsil Achabal, district Anantnag, subject matter of this petition, are quashed,” the court said and issued direction to District Magistrate, Anantnag to take the possession of the landed property and restore it to the two brothers.