Srinagar, Aug 12: The High Court of J&K and Ladakh has allowed a petition by two Kashmiri Pandit brothers regarding more than 11 kanals of land which were claimed by an ‘Ashram’ as “religiously donated” in south Kashmir’s Anantnag district.
A bench of Justice M. A. Chowdhary passed the directions on the petition filed by siblings—Rituraj S. Kathju and Kandarp S. Kathju, stating that their grandfather and father were the owners and possessors of land measuring 11 kanals and 3 marlas in village Trahpoo of Tehsil Achabal. They stated that the land was purchased by their grandfather namely Kanwarlal Kathju son of Rattan Lal of Srinagar and the same was transferred to their father namely Siddharth Kathju, being the only child of the Kanwarlal Kathju. On the piece of land, they said, a cottage have been built by their grandfather which remained unattended due to the fact they had to leave Kashmir Valley and could not come back because of the uncertain conditions and threat to their lives as well as the property, post the “law and order” circumstances having emerged in the Valley in 1990.
The siblings further submitted that they approached concerned revenue authorities for getting the land owned by their father mutated in their names but were informed that some persons, on behalf of some Ashram/ Committee, had approached them regarding the land. The brothers being Kashmiri Migrants further submitted that they filed various applications before DC Anantnag for safeguarding their property in terms of the Jammu & Kashmir Migrant Immoveable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 but no action was taken.
On the other hand, Shri Ramakrishan Mahasamelan Ashram Vivekanada Kendra Nagdandi Achabal, Anantnag, through its Secretary averred that the land is ‘Sankalped’ (religiously donated) by one Shri Kanwar Lal Kathjoo, a sincere devotee of Swami Ashokananda Ji Maharaj in early 50’s to the Ashram. However, the entries could not be changed due to incorrect perception of law of State subject, the Ashram said.
Meanwhile, based on the directions by the Court, Deputy Commissioner Anantnag finally decided applications filed by the brothers in terms of Order on 4th of March 2023 wherein it invoked the provisions of Sections 4 and 5 of the J&K Migrant Immoveable (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 Tehsildar on 1st of February 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 Ramakrishana Mahasammelan Ashram (SRMA) Nagadandi through tenants. The Tehsildar further reported 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 land is legal.
“………the present Petition is allowed and the proceedings filed by the Respondent No.7 ((SRMA) Nagadandi) with regard to the land measuring 05 Kanals falling under Survey No. 566/465; 01 Kanal and 02 Marlas falling under Survey No. 569/447; 01 Kanal and 17 Marlas falling under Survey No. 488; 01 Kanal and 17 Marlas falling under Survey No. 449/1; 03 Kanals and 06 Marlas falling under Survey No. 562/449; and 05 Marlas falling under Survey No. 563/449 situate at village Trahpoo, Tehsil Achabal, District Anantnag, subject matter of this Petition, are quashed,” the court said and directed District Magistrate, Anantnag to take the possession of the landed property belonging to the brothers and restore the same to them in accordance with the mandate Jammu & Kashmir Migrant Immoveable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997.
