J&K Govt grants land ownership rights to displaced persons of 1965

Srinagar, Aug 04: The Jammu and Kashmir government Sunday sanctioned the conferment of proprietary rights to the Displaced Persons (DPs) of 1965 over the State land allotted to them.

The decision comes in the wake of the approval from the Administrative Council's Decision No. 96/06/2024 dated July 25, 2024, which aims to provide long-awaited ownership rights to those displaced during the 1965 conflict.

As per the order issued by the Revenue Department, the state lands in question were initially allotted to the displaced families under Cabinet Order No. 578-C of 1954 dated May 7, 1954.

"Subsequent orders, including Govt. Order No 254 of 1965 dated July 7, 1965, Govt Order No Rev (LB) 66 of 2000 dated April 26, 2000, and Govt Order No Rev (LB) 38 of 2007 dated January 31, 2007, have outlined the terms and conditions for such allotments," it reads.

As per the order, the Revenue Department has issued broad guidelines relating to the grant of property rights to the DPs of 1965.

"Proof of land allotment and continuous possession from the date of allotment, duly recorded in revenue records," read the guidelines.

It reads that the evidence of personal cultivation of the allotted land by the displaced persons or their legal heirs from the date of allotment is also recorded in revenue records.

"In the case of the original displaced person’s demise, the proprietary rights will be transferred to legal heirs according to applicable inheritance laws, including the Hindu Succession Act, 1956, and the Muslim Personal Law," it reads.

The order reads that the applicant should produce an affidavit confirming that the application includes all legal heirs as per inheritance laws and that no state land has been encroached upon.

The conferment of ownership rights is subject to the guidelines that the land ceilings as per Cabinet Order No 578-C of 1954 will apply.

"No new allotments will be made under this policy. The family composition for eligible persons will follow the definition in Cabinet Order No. 578-C of 1954. Ownership rights will not be conferred on land within the municipal corporation or committee limits," it reads.

The order reads that the land must not be sublet, have third-party interests, or be used for non-agricultural purposes, except for residential use and agricultural activities permitted under the J&K Land Revenue Act, 1996.

"Allotments obtained through forged documents or suppression of material facts will be void. Tehsildars will receive and scrutinize applications, then submit them with recommendations to the Assistant Commissioner (Revenue) or Sub-Divisional Magistrate," it reads.

The order reads that the Deputy Commissioner will ensure proper examination and approval before directing the Tehsildar to mutate the land in favour of the applicants, as per Standing Order 23-A.

"Monthly progress reports on these mutations will be submitted to the Divisional Commissioner and Financial Commissioner, Revenue. Additionally, weekly camps will be held in villages where displaced persons have the land to ensure no eligible person is excluded," the order reads.

"The Financial Commissioner, Revenue, J&K, will issue further guidelines for smooth policy implementation as needed," it reads.