Authorities have expunged names of 34,000 individuals from the revenue records in Srinagar, who were shown in official records as “holding possession over state land”.
The expunged entries also include those who have constructedresidential, commercial or non-commercial structures on the “state land”.
The expunction process was carried on the basis of currentJamabandi— the collection of land records. However, in most of the cases, the current Jamabandi was updated orrevised around forty years ago.
The process of expunction was taken up by the authoritiesafter the Financial Commissioner had issued orders to expunge all “illegalentries” from the revenue records.
“We have expunged the illegal entries from the currentJamabandi. The illegal entries are those where a person was shown to haveencroached upon the state land, in Urdu described as Kabzay-e-Naajayiz (illegaloccupation),” said an official privy to the process of expunction.
He said there were several cases where the person(s) afterencroaching upon the state land had approached the courts and claimed”proprietary right” over it using “such entries in the revenue records asevidence of occupancy”.
As per official records accessed by Greater Kashmir the”illegal entries” have been expunged for 34,238 kanals of”encroached land” across all the seven tehsils of district Srinagarincluding 25,327 kanals, 7 marlas of “government land” and 8910 kanals, 7marlas of khacharai land.
The “Illegal occupants” include 13,223″encroachers” on government land and 4650 encroachers on khacharailand.
People affected unaware:
Surprisingly, according to sources, the persons whose nameshave been expunged from the revenue records are “unaware” about thisdevelopment. The reason being that all the paperwork was done by the officials”without informing the affected people”.
Action against natural justice:
According to advocate Ishtiyaq Khan the “suo motto”expunction is an “arbitrarily process which violates the principles of naturaljustice.”
He said Section 133 of J&K Land Revenue Act empowers theState to act against an encroacher. “But when no action under law is takenagainst encroacher within a reasonable time, the matter becomes settled. Arbitrarily expunging has adverse effect onthe other party therefore he/she needs to be given an opportunity of beingheard”.
He said hundreds of residential houses have been constructedon government land some thirty or forty years ago. These people have been”enjoying all rights without any disturbance from the authorities. Thereentries as Khabzay-e-Najayaz (illegal occupation) has been entered itself bythe state machinery into the revenue records. Jamabandi or record of rightcannot be varied by authorities unilaterally or arbitrarily now,” he said.
OFFICIALS SPEAK:
Deputy Commissioner Srinagar Shahid Iqbal Choudhary said thelaw doesn’t envisage any entry to be entered as Kabzay-e-Najayiz in the revenuerecords. “Process of expunction was aimed only to correct therecords,” he said.
He said: “After the expunction process (is over), theauthorities will take possession of land (open spaces) which have beenencroached upon.”
He added: “Illegal entries expunged” of those whohave encroached upon water bodies, will be published in daily locals shortly.”Others will be informed through notices to be served upon them,” hesaid.