The Union Territory administration has issued another order and asked tehsildars to make sure that agricultural land of missing people is not sold by their family members or that crop proceeds are not used by any third party. This comes as the crackdown on properties in Jammu and Kashmir that are allegedly encroaching government land continues.
The administration has instructed tehsildars to issue no revenue paperwork for such land and to declare these missing people to be “presumed dead.”
According to the order, which was issued on January 31 by the Divisional Commissioner’s office in Kashmir, it is believed that these properties are being used to fund militancy.
According to sources, most of these homes belong to persons who visited Pakistan-occupied Kashmir during the height of militancy and haven’t been back since. Some of these also reportedly belong to people who have been untraceable for years and are believed to have joined militancy.
The order claims that it recently came to light during an examination that several land patches in Tangmarg, in the Baramulla district, belong to unidentified individuals who are not receiving any portion of the crops grown on these lands. According to sources, subsequent inquiry revealed the existence of such land patches in all of the Valley’s tehsils.
According to a representative of the J&K government, the police have informed them that these properties are being used to fund terrorism. “That is why an order has been issued to all tehsildars in the UT to make inquiries, earmark such plots, and ensure they are not misused,” the official added.
After making reasonable efforts, tehsildar shall persume the person dead
Rules stipulate that if a landholder is absent from the village and does not cultivate the land or take share of the produce for more than seven years, he/she shall be designated as “Gair Hazir/Gair Kabiz” (not present/not in occupation), the order notes. “In such a situation, after making reasonable efforts/inquiry; the tehsildar [concerned] shall presume that he is dead and pass orders on the case accordingly,” it says. “Before making formal entry into revenue record, he (tehsildar) shall also get it confirmed/approved from the District Collector concerned.”
“The share of such ‘Gair Hazir/Gair Kabiz’ persons may be allowed to be used by family members/ other co-sharers (in blood relation). However, they shall not be entitled to sell, gift or in any manner alienate the share…or create 3rd party Interest in the property in any manner. No FARD-e-INTIKHAB (revenue documents) of such lands shall be issued,” the administration has ordered.
Asking tehsildars to make necessary entry in this regard, the order says, “Specific input from the office of Special DG, CID has been received, in which it is apprehended that such ‘GairHazir/GairKabiz’ properties are used for financing militancy. There are specific instances of misuse…”
The order has clarified that this does not apply to properties held by migrants. This, sources said, was to ensure properties of persecuted minorities who had to leave the Valley out of fear are not affected.
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