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Srinagar- The LG administration has ordered revenue officials in the Kashmir Valley not to allow relatives of “missing persons” to sell off the agricultural land fearing that the money is being pumped to finance militancy.
The order has come amid the ongoing eviction drive launched by the Union Territory administration to reclaim state and Kahcharai land encroached over the decades.
According to an order from the Divisional commissioner, Kashmir, a copy of which lies with Kashmir Observer, the government has said the CID has specific inputs of the misuse of those funds in the Valley.
The government has asked Tehsildars to declare the person “GAIR HAZIR/GAIR KABIZ” (not present / not in occupation) and the person who is in possession of the land, should be recorded as “KABIZ”.
“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,” the order read “In such a situation, strict preventive action needs to be taken on priority”
The government said that the share of such “GAIR HAZIR/GAIR KABIZ ” persons may be allowed to be used by the family members and other co-sharers (in blood relation). However, they shall not be entitled to sell, gift or in any manner alienate the share of such “GAIR HAZIR/GAIR KABIZ” persons or create 3rd party interest in the property in any manner.
“No FARD-INTIKHAB (revenue documents) of such lands shall be issued,” the order said.
While giving the reference of a case in North Kashmir’s Tangmarg, the government said that during investigation that some land patches in the district belong to people who have been “untraceable” and are not receiving any share of crops produced on these lands.
“They are neither traceable nor receive their share of crop yield. In such a situation there is difficulty in getting such land mutated,” the order reads.
In such a situation, the government has asked Tehsildars after making reasonable efforts/ enquiry; the concerned Tehsildar shall presume that he is dead and pass orders on the case accordingly. “Before making formal entry into the revenue record, he shall also get it confirmed/ approved from the District Collector concerned,” the order reads.
The order, however, notes that the provisions shall not be applicable to the immovable property of Migrants. As provisions of J & K Migrant Immovable Property (Prevention, Protection and Restraint on Distress Sale) Act 1997 have a “superseding effect over all other laws”
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