SRINAGAR: The administration has issued another order and asked tehsildars to make sure that agricultural land of missing people is not sold by their family members or that crop proceeds are not used by any third party.
This comes as the crackdown on properties in Jammu and Kashmir that are allegedly encroaching government land continues.
“It has been brought to my notice that in Tehsil Tangmarg that there are some land patches, belongs to those persons who are not traceable,” reads the order issued by the divisional commissioner Kashmir.
It reads that they are neither traceable nor receive their share of crop yield and in such a situation there is difficulty in getting such land mutated.
“In such situation the Standing Order No:23-A is clearly stipulates that for a period of more than 7 years, whenever any land holder is absent from the village and does not cultivate the land or do not take share of the produce, he shall be designated as “GAIR HAZIR/GAIR KABIZ” (not present / not in occupation) and the person who is in possession the land, is to be recorded as “KABIZ”.In such a situation, 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 revenue record, he shall also get it confirmed/ approved from the District Collector concerned,” it added.
“The share of such “GAIR HAZIR/GAIR KABIZ” persons may be allowed to be used by the family members/ 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 of such lands shall be issued,” it further added.
“Necessary entry in this regard also shall be made by the concerned Tehsildar. 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 financiering militancy. There are specific instances of misuse. In such a situation, strict preventive action needs to be taken on priority,” reads the order.
It reads that above 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 superseding effect over all other laws.
“In this backdrop, you are directed to take immediate necessary action in light of above directions/ instructions in the matter,” it added.
