Srinagar: The High Court of J&K & Ladakh has quashed proceedings filed by a Hindu Ashram with regard to some land of certain Kashmiri Pandit migrants at Achabal Anantnag and directed that land be handed over to the migrants according to law.
Justice M A Chowdhary disposed of the petitions filed by the migrant Pandits including Rituraj S Kathju and Kandarp S Kathju, sons Siddharth Kanwarlal Kathju, and quashed the proceedings by Shri Ramakrishan Mahasamelan Ashram Vivekanada Kendra, Nagdandi Achabal, Anantnag.
The court directed the Deputy Commissioner (DC) Anantnag “to take the possession of the aforesaid landed property belonging to the petitioners at village Trahpoo, Tehsil Achabal, District Anantnag and restore the same to them in accordance with the mandate of the Jammu & Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997”.
The petitioners said that their grandfather and father were the owners and possessors of land measuring about 14 to 15 kanals in the village.
They stated that they approached the concerned revenue authorities for getting the land owned by their father mutated in their names. However, they were informed that some persons, on behalf of some Ashram/Committee, had approached them regarding the land in question.
The petitioners further claim that they represented before DC not to entertain any such illegal request or demand from anyone with regard to their ancestral property. They stated that any possession of the said land, by any other persons is per se illegal and, accordingly they requested the DC to ensure safeguarding of the property of the petitioners.
The DC was also requested to initiate an enquiry into the matter as to how their landed property has been illegally encroached upon by an Ashram. However, no action thereto has been taken till date, it said.
The petitioners also claim to have moved a complaint on the online portal which has been launched by the Lieutenant Governor, Union Territory of J&K, for seeking redressal of their grievance; however, there too, no positive response came in favour of the petitioners, they claimed
In such circumstances, the petitioners, on 13th of November, 2021, claim to have filed an application under the provisions of the Act of 1997 before the DC under whose custody the land is presumed to be in terms of the Act, but no order was passed on the said application.
Meanwhile it has been averred by the Hindu Ashram “the land in question is ‘Sankalped’ (religiously donated) by Kanwar Lal Kathjoo, a sincere devotee of Swami Ashokananda Ji Maharaj in early 1950’s to the Ashram”.
A 2023 report by the Tehsildar, Anantnag stated “the land in question is not under the possession of the applicants/petitioners herein and that the same is under the possession of Shri Ramakrishana Mahasammelan Ashram (SRMA) Nagadandi/ herein, through Ghulam Rasool Nanwaie and others as tenants”.
It has been further reported by the Tehsildar in his report that the Nagadandi Ashram Caretaker, however, could not produce any registered document by virtue of which it could be assumed that the possession of the said land is legal.
The court found that the Ashram “was unable to produce before the revenue authorities any documentary evidence so as to prove its possession over the subject land being legal one and, before this court. Also, the Ashram has not placed anything on record which would show that the possession of the Ashram over the subject land is legal.”
The court allowed the migrants’ petition and directed the proceedings filed by the Hindu Ashram with regard to the land of the petitioners be quashed and the land be handed over to the concerned migrant petitioners.
