West Pakistan displaced persons also granted proprietary rights

Jammu, Aug 4: The J&K government Sunday approved the conferment of proprietary rights to the West Pakistan Displaced Persons (WPDPs) concerning state land under their continuous personal cultivation.

The order in this regard has been issued by the J&K revenue department following the approval by the Administrative Council decision No 97/06/2024 dated July 25, 2024, which aims to provide long-overdue ownership rights to those who have been cultivating state land for decades.

As per the order, the conferment of proprietary rights will be guided by Government Order No 254 of 1965 dated July 7, 1965, and Cabinet Order No 578-C of 1954 dated May 7, 1954.

"The eligible WPDPs must fulfil specific criteria, including possessing original or attested copies of revenue records depicting their continuous recorded personal cultivation of state land or receipts of financial assistance received under Government Order No 57-DMRRR of 2018 dated October 11, 2018," the order reads.

The order reads that eligible displaced persons must submit applications to the concerned Tehsildar, supported by attested copies of revenue records showing continuous recorded personal cultivation of state land since Khasra Girdawari of Kharif 1971.

Also, documents indicating that the land has been under the personal cultivation of the displaced persons or their legal heirs from the date of allotment to the present, with entries recorded in the relevant revenue records should be submitted as well.

"An affidavit confirming that the application is made by the original displaced person or all legal heirs as per applicable inheritance laws, without omission, and that no state land or government land has been encroached," the order reads.

In cases where the original displaced person has expired, the proprietary rights will be transferred as per the Hindu Succession Act, 1956, read with the Hindu Succession (Amendment) Act, 2005, Muslim Personal Law, or other applicable inheritance laws.

The revenue department has also issued guidelines for the conferment of proprietary rights.

As per the guidelines, the definition and composition of the family of eligible persons will adhere to the explanation to Para 2 in Cabinet Order No 578-C of 1954.

"Land ceilings prescribed in cabinet Order No. 578-C of 1954 will apply. No fresh allotment will be made under this policy. The WPDP or legal heir must not have sublet the land, created third-party interest, or converted the land for uses other than agriculture, except for residential or agriculture-allied activities as permitted under the J&K Land Revenue Act, 1996," the order reads.

"Proprietary rights will not be conferred on land situated within the municipal corporation or committee limits," it reads.

Allottees or their legal heirs will not receive ownership if the land was obtained through fake or forged documents or by suppressing material facts, the order reads.

"The Tehsildar will process each application, conduct a thorough inquiry, and forward it with clear recommendations to the Assistant Commissioner (Revenue) or Sub-Divisional Magistrate (SDM)," the order.

It reads, that the Assistant Commissioner (Revenue) or SDM, after necessary examination and with prior approval from the Deputy Commissioner, will instruct the Tehsildar to effect the mutation in favor of the applicant as per Standing Order 23-A.

"Deputy Commissioners will submit monthly progress reports on these mutations to the Divisional Commissioner and Financial Commissioner, Revenue, and ensure that weekly camps are held in areas where WPDPs possess land as per revenue records," the order reads.

"The Financial Commissioner, Revenue, J&K, will issue further clarifications or guidelines for the smooth and timely implementation of this policy," it reads.