The Prime Minister,
Prime Minister's Office,
New Delhi -110001.
This is to draw your kind attention towards the recent incidence of Kashmir where I along with my family members consisting of my wife and two little kids (daughters) were attacked by my neighbours’ in my native village Chowgam in Kulgam district of south Kashmir on June 19, 2013. The cause of the incident is, objection raised by one of my KM (Kashmir Muslim) neighbour over the fencing and demarcation of my immovable property in the form of apple orchard to which I was to sprinkle pesticide. The incident in itself is clear depictions of the fact that how locals of valley are looking at KP’s and the evil eye they keep over the remains of KP’s (Kashmiri Pandit) property.
This simply is just one instance of such nature which came to fore, thanks to media for having caught the attention of this particular incident. There are many similar instances where not only the land has been encroached but also the records of the revenue department have been tempered and ownership changed. Authorities at helm know very well that tempering with revenue records is not otherwise possible without hand-in-glove between the land mafia of Kashmir and officials of the govt agencies. During the early days of migration, circumstance compelled most of the KP’s to dispose of major portion of their property worth peanuts, the harsh truth which is still hunting most of them. Still more, most of the KP’s who visited their native places in between this unending exile were taken by surprise when the open spaces around their houses mostly in the shape of lawns, kitchen gardens and commons etc were encroached by none other than their neighbours. Numerous cases are there where locals have constructed house and other permanent structures on the KP’s residential land without any sale or purchase, perhaps knowing very well that even govt won’t be able to move them out of their houses unless they are suitably compensated for their heinous crime, which they are even sure of to be rewarded sooner or later. There are recorded instances of deliberate damage to immovable property of KP’s, were blooming orchards of almond and apple have been razed to ground only to inflict further pain to elders of the KP community who are still nostalgic about their motherland.
Complains if any made by a KP on account of encroachment, grabbing of land, tempering of records or any other similar instance are simply thrown as trash by officials of the govt who otherwise are there to address issues of such nature. Even keeping record of all such correspondences made with the officials within valley is hardly of any use as the same is refuted by officials either owing it to postal loss or will come up with an excuse of not having come across any such complain. Even talking to officials in person is equally a futile exercise. Establishment of grievance cell by Chief Minister of the state in itself is a cruel joke, as the cell is more about adjustment of blue eyed persons and not to address the real issue. Email ID’s of the authorities concerned circulated for complaining online is equally disgusting, as the same gets bounced after waiting for couple of days.
Nobody except the govt of J & K itself is to be blamed for encroachment, tempering of revenue records, land grabbing and other incidents of loss of KP’s property, it is the free will of govt to not to address such burning and sensitive issues and had the govt of J & K been serious and sincere enough in addressing such property gobbling incidents of KP’s, nobody would have ever dared to put his hand on KP’s property.
Since the same lacks political will such reoccurring of incidents like manhandling of KP, encroachment of their property etc is endemic. Construction of fabricated shanties at different identified places across the valley by govt of India with the help of state govt with the view to act as transit camps for KP families willing to return and rehabilitate in valley turned out to be a damp squib with no hope to materialize in near future under the prevails conditions. The idea to entice KP’s with money package succumbed to its own death as nobody showed willingness to return.
I have made lot of complaints to the revenue department Kulgam since year 2004 for the removal of encroachment and correction of records. But the assurances are given on papers not the practical handover of the land is happening. I approached to the CMs Grievance cell under complaint no. 9385. their field report submitted by the DC kulgam says "In this connection it is requested that the illegal occupation upon the land measuring 5 kanals and 11 marlas under survey no. 1269 belonging to migrant viz Shib Nath others has been removed on spot, and an undertaking has been taken from the encroacher viz Mohd Saleem Ganie to the effect not to interfere with the said land henceforth. Further the said encroacher has got land measuring 3 kanals 17 marlas mutated in his name without the consent of the complainant as reported by the field agency, hence report is submitted".
Thereafter, I visited the DCs office in Kulgam in year 2011 and requested him to handover the land belonging to me. But they could not do that and I was wondering from pillar to post like one office of revenue department to another.
I was forced to lodge the complaint with the vigilance commissioner J&K dated 30th January 2012 and their letter to DC KULGAM vide letter no. SVO-REV-NG-35/2012-1468 dated 06 February 2012. There was no reply to his letter and again vide letter no. SVO-REV-NG-35/12-10756 dated 22 August 2012 a reminder was send to DC Kulgam for immediate report in this matter. But till date nothing has been done by the DC Kulgam Mr. Jahangir Mir. He seems to be shielding the revenue officials who are the main culprits of changing the records without any documents provided by me.
An FIR no. 124/2013 at Qazigund Police Station has been registered by me as I along with my family members were brutally assualted and beaten up by the encroacher and his son.
There is a law for migrant properties "The Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, which says is an important tool to protect the migrant property. which says :
1. District Magistrate shall take over the possession of immovable property, belonging to Migrants, falling within his territorial jurisdiction.
2. District Magestrate shall take all such steps as may be necessary for preservation and protection of such property,
3. If any unauthorised occupant of any migrant property rufuses or fails on demand to surrender possession thereof to the competent authority, such authority may use such force as is necessary for taking possession of such property."
Sir, the only hope for justice is your majesty. I have lost hope on revenue department, State Vigilance as well as so called CMs Grievance Cell. I request your goodself to please deliver the justice as I am suffering a lot from the last 23 years.
A Refugee in His Own Country.
Vijay Kumar Raina
S/o Late Sh. Shib Nath Raina
Village Chowgam, Dist. Kulgam,
Kashmir (J&K) - 192102.
At Present: House No. 5, Lane 2,
Shiv Dass Colony, Tomal, Bohri
Jammu - 180002 J&K.
PRIME MINISTER OF INDIA