Stop sale of agriculture land of missing people; presume them dead after inquiry: J&K admin

The order, issued on January 31 by the office of the Divisional Commissioner, Kashmir, says it is suspected that such properties are being used to finance militancy.

Sources said these are properties belonging largely to people who went to Pakistan-Occupied Kashmir during the peak of militancy and have not returned since. Some of these also belong to people who are suspected to have joined militancy and have been untraceable for years.

According to the order, it emerged recently during investigation that some land patches at Tangmarg, in Baramulla district, belong to people who have been untraceable and are not receiving any share of crops produced on these land. Sources said further investigation found the presence of such land patches in all tehsils of the Valley.

A J&K administration official said police informed them that such properties are being used to finance 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.

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.

The ongoing anti-encroachment drive in J&K has raised the political heat, with leaders from parties such as NC and PDP calling the exercise anti-poor and unjust, and aimed at targeting a particular community.

The J&K administration has denied the allegations and claimed that the drive has not touched the poor. The administration contends that politicians are criticising it since they have lost their own properties built on encroached government land.