In a first, famous Kashmir professor, his neighbour ordered to vacate after officials claim ‘land belongs to someone else’
Srinagar: They prepared valid documents when they bought the land years ago and built their houses after getting all the required official permissions, however, two families in Budgam have been asked to give up their properties and homes because according to officials ‘the land belongs to someone else’.
The curious case is of the land under Survey numbers 318 and 319, which, apparently, has been sold to two parties as both claim possessing legal documents.
Ironically, the administration is evicting the party living on the property for years and have all the papers for to facilitate a party that did not bother to take possession of their claimed land.
Families of Owais Adil Parray and professor Bashir Ahmad Mir (popularly known as Bashir Chemistry), who have been living in Shahanwar colony in Watdooru Galwanpora area of Budgam for many years, have been ordered by the Tehsildar Budgam to give up their land.
While Parray had purchased two kanals of land in 1999 and built a house on it after getting due official permissions in 2015, Mir too had purchased two kanals of land in 2010 and is living there for the last 7 years.
However, on March 22, the concerned Tehsildar Budgam, ordered that a different party ‘Nasreena Jan and ors’ who too claim they have bought the same piece of land “be given possession” by Saturday, March 27.
From the desks of local patwari to Divisional Commissioner, the case has gone through multiple phases and has finally come to the point where the party living on the land is asked to vacate it.
In 2018, according to the Parray and Bashir, some people (the other party), who claimed to have purchased 3 Kanals of Land in the same area in 1993, approached High Court Srinagar seeking possession of the land.
They said that HC ordered constitution of a team of revenue officers for the said job.
The team, according to the copy of the report submitted by the concerned Naib Tehsildar last year, observed that the appellants (the second party) “who are recorded owner of land measuring 03 kanals under survey numbers 318 and 319 have never taken the possession of land in question neither have they identified the land on spot which they purchased as per records”.
Parray and Bashir claim that the second party “manipulated the Shajra kaat and there is already a case under investigation with Crime Branch”.
“That the applicants produced copy of sale deed along with Shajra kaat for both the survey numbers but the other party Bashir Ahmad Mir object to the said papers and produced a representation with sale deed where he prays that the Shajra Kaat has been manipulated and there is already a case under investigation with Crime Branch, Kashmir,” read the observation made by the Naib Tehsildar in his report.
According to the Naib Tehsildar, the land in the colony “was sold as per plots and not as per survey numbers.”
“Most of the owners who have purchased the land have taken the land as per plots and not as per Survey numbers because the brokers have converted the area into residential colony/plots,” the report reads.
In it, the Naib Tehsildar clearly concludes: “That the demarcation as manually is impossible on spot because the matter is not question of demarcation, but actually, the appellants (the second party) want to get the possession of the land in the garb of demarcation which they have no taken after sale deed.”
“The appellants can claim against the vendor who have sold the land to them, not to a particular person who are having possession of the land since long and are residing in the houses after proper permission from concerned authorities,” the report concludes.
However, Tehsildar Budgam on 22nd of March, 2021 issued an order regarding the dispute and asked the revenue team “to ensure that the land is given possession of the applicant (Nasreena Jan) on spot..”
“For this purpose, they shall proceed on spot n 27-03-2021 and submit the compliance report by or before 03-04-2021,” reads the order by Tehsildar Budgam.
Parray and Mir said the order issued by Tehsildar makes no sense.
Distressed due to the tragedy which awaits their families, they asked, “How can they evict us, our families, our children from our homes?” adding that the law has failed them.
Pertinent to mention, that Parray and Mir, both have all the legal documents which they submitted municipal authorities and accordingly were given permission to construct their houses.
Furthermore, Mir and Parray said, “The matter should have gone to Civil Court instead of the revenue authority and moreover the revenue authority cannot expel us from our property after so many years of possession.”
In a state of despair, they said that if the order is allowed to be executed, “we will be rendered completely homeless”.
Tehsildar Budgam, Nusrat Aziz told The Kashmir Monitor: “The order of eviction is after the direction of the DC sahib (Dc Budgam), who had listened to both the parties for a year now.”
She agreed that Mir and Parray do possess legal documents.
“Their documents are valid however the Khasra (Survey) numbers mentioned on them are from a different place. Their plot is somewhere else and they are living somewhere else,” she said.
The concerned DC’s order that Nusrat mentions reads: “Owais Adil (Parray) is not in possession of land purchased by him out of survey no. 316 and 320. Instead the land in his possession is in survey no. 318 and 319. Whereas Bashir Ahmad Mir has in his possession just 1 kanal and 4 marla land out of survey no. 318 (against 1 kanal and 19 marla purchased land) and 1 marla out of survey no. 320. The remaining 15 marla land in his possession is in survey no. 319.”