JAMMU, Jun 14: Rajesh Koul, a member of the displaced Kashmiri Pandit community, has submitted a detailed representation to Union Home Minister Amit Shah, seeking the repeal of Sections 4 and 8 of the Jammu and Kashmir Agrarian Reforms Act, 1976, and demanding effective measures for the restoration of land and property allegedly lost by Kashmiri Pandits following their displacement from the Valley.
In his memorandum, Koul stated that the exodus of Kashmiri Pandits in 1989 due to terrorism deprived thousands of families of their ancestral homes, agricultural lands and other immovable properties. He alleged that over the years, a combination of legal provisions and weak implementation of protective laws has made it nearly impossible for many displaced families to reclaim their land.
Koul contended that Sections 4 and 8 of the Agrarian Reforms Act, commonly referred to as Dafa 4 and Dafa 8, have been used to facilitate the transfer of ownership rights to tenants and occupants, resulting in the alienation of land belonging to displaced Kashmiri Pandits. According to the representation, many landowners who had fled the Valley were unable to cultivate or monitor their properties, creating opportunities for occupants to secure ownership through revenue records and mutations.
The memorandum also expressed concern over the implementation of the Immovable Migrant Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, alleging that the law has failed to provide adequate protection to migrant properties. Koul claimed that illegal encroachments and land-grabbing activities continue in several areas and urged authorities to take stringent action against those involved.
Drawing a comparison with the repeal of the erstwhile Roshni Act, Koul argued that the government should similarly review and repeal the disputed provisions of the Agrarian Reforms Act if they are found to have contributed to injustice against displaced communities.
The representation further called for the constitution of district-level committees involving members of the Kashmiri Pandit community, strict enforcement of migrant property laws, establishment of fast-track courts to resolve land disputes, and a comprehensive policy for the restoration of ancestral properties to their rightful owners.
Koul appealed to the Government of India to take legislative, administrative and judicial measures to facilitate the return and rehabilitation of displaced Kashmiri Pandits with dignity and security, asserting that restoration of land and property remains central to their long-pending quest for justice and return to their homeland.