Srinagar, October 29, 2026 (Yes Punjab News)
A Kashmiri Pandit migrant woman on Thursday alleged encroachment on her property in Jammu and Kashmir’s Srinagar district despite a status quo order issued by the Jammu and Kashmir and Ladakh High Court.
Shakuntala Jalali, daughter of Shambhu Nath Jalali and a resident of Habba Kadal in Srinagar, has alleged encroachment on her property at Omarheer in the Soura area on the outskirts of Srinagar. She claimed that a large portion of the land had been enclosed with concrete blocks and metal fencing despite court directions for its protection.
Jalali, who is currently residing at Muthi Migrant Camp in Jammu, said her property comprises around 165 kanals of land, including 51 kanals of open land.
She has sought the intervention of the Srinagar district administration, urging it to take action against those allegedly encroaching upon the property and officials responsible for any lapses.
She said the dispute is pending before the High Court of Jammu and Kashmir and Ladakh in Writ Petition (Civil) No. 1373 of 2023, titled Shakuntala Bhan v. Union Territory of J&K and Others.
“An order dated February 7, 2024, directs the Srinagar Deputy Commissioner Akshay Labroo and Srinagar Municipal Corporation Commissioner Basharat Qayoom to ensure maintenance of status quo over the property,” she said.
An earlier order issued by the office of the Srinagar Deputy Commissioner on June 7, 2023, directed the Tehsildar Eidgah to take the property into custody in accordance with the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997.
Protective boards have also been installed at the site, declaring the property sub judice and under the custody of the District Magistrate.
Despite these measures, Jalali has alleged that a large portion of the land has been enclosed with concrete blocks and metal sheets.
She has also questioned the issuance of land-revenue extracts, known as Intikhab, by the concerned Patwari in favour of individuals claiming rights over the land.
The concerned Ward Officer said that the person who erected the concrete blocks had produced a land-revenue extract issued by the Patwari.
Jalali has appealed to the Srinagar district administration to examine the matter, establish how the revenue extract was issued in relation to the property and take appropriate action against the alleged encroachers and any officials found responsible.
The Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, protects land and homes left behind by displaced persons and Kashmiri Pandits who migrated from the Kashmir Valley after November 1, 1989.
Under the law, the District Magistrate takes over the legal custody and physical protection of migrant immovable properties to prevent encroachment or distress sales.
Any sale, gift, exchange or mortgage of migrant property without the explicit prior written permission of the competent authority, the Divisional Commissioner, is null and void. No such document can be registered.
District Magistrates are empowered to evict unauthorised occupants and restore possession. Occupants may also be penalised through compensation or rent equivalent to at least double the market value.
Such property cannot be handed over to anyone other than the rightful migrant owner, and physical possession is returned only with the migrant’s explicit written consent.
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