Srinagar: The High Court of Jammu and Kashmir and Ladakh has directed the District Magistrate of Anantnag to restore ownership of over 11 kanals (1.3 acres) of land in Trahpoo village in Achabal tehsil to two Kashmiri Pandits siblings, thus resolving the dispute involving them and Shri Ramakrishna Mahasammelan Ashram (SRMA) Nagadandi, which had claimed the land was "religiously donated."
The court's decision, rendered by Justice M.A. Chowdhary, nullifies earlier proceedings that had been initiated based on the Ashram's claim. The court instructed the District Magistrate to reclaim and restore the land to the Kathju brothers (Rituraj S. Kathju and Kandarp S. Kathju) per the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection, and Restraint on Distress Sales) Act of 1997.
According to the Kathjus petition, their family has rightful ownership of the 11 kanal and 3 marla property. They asserted that their grandfather, Kanwarlal Kathju, originally purchased the land, which was later transferred to their father, Siddharth Kathju. The brothers explained that their grandfather had built a cottage on the property, which remained vacant after their family was forced to flee Kashmir due to unrest and threats to their safety that emerged in 1990.
Upon attempting to have the land officially transferred to their names, the brothers were informed by local revenue authorities that representatives of the Ashram and a related committee had laid claim to the property. Despite multiple applications to the Deputy Commissioner (DC) of Anantnag for protection under the Migrant Immovable Property Act, no action was taken.
The Ashram argued that the land was religiously donated by Kanwar Lal Kathju. However, it acknowledged that updates to land records could not be made due to a misinterpretation of state laws.
In response to the court's orders, the Deputy Commissioner of Anantnag acted on March 4, 2023, applying Sections 4 and 5 of the J&K Migrant Immovable Property Act to direct the Tehsildar of Anantnag to evict unauthorized occupants and safeguard the property.
The High Court based its decision on a Tehsildar’s report dated February 1, which indicated that the land was not under the Kathju brothers' possession but occupied by tenants of the SRMA Nagadandi. The report also revealed that the Ashram's caretaker failed to produce any registered documents verifying legal possession.
The court on August 9 quashed all proceedings initiated by the SRMA Nagadandi regarding the land parcels, which include 5 kanals under Survey No. 566/465, 1 kanal and 2 marlas under Survey No. 569/447, 1 kanal and 17 marlas under Survey No. 488, 1 kanal and 17 marlas under Survey No. 449/1, 3 kanals and 6 marlas under Survey No. 562/449, and 5 marlas under Survey No. 563/449. The court ordered the District Magistrate of Anantnag to take possession of the land and return it to the Kathjus.
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