A Law Passed, A Responsibility Ignored” [ Kundan Kashmiri]The Jammu and Kashmir Migrant Immovable Property (Preservation, Protection, and Restraint on Distress Sales) Act, 1997, commonly known as the Distress Sale Act, was enacted to safeguard the immovable properties of displaced Kashmiri Pandits who were forced into exile during the 1990s due to terrorism, violence, and threats to their lives.

The primary objective of this act was to prevent distress sales, illegal encroachments, and forcible occupation of properties left behind by these victims of exodus. However, more than twenty-seven years have passed, and the act remains nothing more than words on paper—a legal provision that was never enforced by the responsible authorities, including the Deputy

Commissioners and the Divisional Commissioner of Kashmir. Their continued negligence, silence, and inaction have allowed land grabbers, mafias, and anti-social elements to take control of what rightfully belonged to the displaced Kashmiri

Pandits.Successive governments, whether under Dr. Farooq Abdullah’s National Conference, Mufti Mohammad Sayeed’s PDP, Governor’s Rule, or the present administration under Lieutenant Governor Manoj Sinha, have all failed to implement this act in letter and spirit.

Their neglect, incompetence, and lack of willpower have resulted in the wholesale usurpation of ancestral lands, homes, shops, and orchards of Kashmiri Pandits, making them permanent refugees in their own country.

The non-enforcement of this law has led to devastating consequences for the displaced Kashmiri Pandits, affecting their identity, economic security, and legal rights.

Due to the absence of rightful owners, their lands, homes, and commercial properties were illegally occupied. The Deputy Commissioners of various districts in Kashmir, who were responsible for preserving and protecting these properties, failed miserably in their duty.

Encroachers, with the tacit support of corrupt officials, took control of these properties, leaving their rightful owners with no means to reclaim them. Many displaced Kashmiri Pandits were forced to sell their properties at throwaway prices due to fear, lack of legal protection, and financial hardships in exile.

The law was meant to prevent such forced sales, but because it was never implemented, thousands of displaced Pandits lost their lands, homes, and shops through fraudulent transactions.Even those Kashmiri Pandits who have legal documents proving their ownership have been unable to reclaim their properties because government authorities refuse to act against illegal occupants.

The Deputy Commissioners and Divisional Commissioner of Kashmir, whose duty it was to ensure the safe return of properties to their rightful owners, have ignored, delayed, or outright refused to act on complaints filed by displaced Pandits.

Thousands of Pandit families who owned orchards, agricultural land, and commercial spaces in Kashmir have lost their source of income due to illegal occupations.

This economic loss has affected multiple generations, as the wealth that should have been passed down to their children has been stolen through state negligence.Governments that ruled Jammu and Kashmir—whether under National Conference, People’s Democratic Party, Governor’s Rule, or the present administration—have all failed to enforce this law.

The authorities, particularly the Deputy Commissioners and Divisional Commissioner of Kashmir, remained silent spectators while the properties of displaced Kashmiri Pandits were illegally transferred or occupied. Instead of taking action against encroachers, the administration has often sided with the land grabbers, ignoring the rightful claims of displaced Pandits.

The Kashmiri Pandit community has suffered long enough. The present Modi-led government has spoken about justice and rehabilitation for Kashmiri Pandits. However, justice will remain incomplete unless the illegally occupied lands, homes, and properties of displaced Kashmiri Pandits are restored to them.

To correct this historical injustice, the government must take immediate action on a war footing and enforce the Distress Sale Act of 1997 in letter and spirit to protect Kashmiri Pandit properties and nullify all fraudulent and forced sales.

.All Deputy Commissioners of Kashmir must be directed to take immediate action to reclaim encroached land and properties of displaced Kashmiri Pandits. Any person or entity illegally occupying a Kashmiri Pandit’s property must be evicted without delay.

Past and present officials, including Deputy Commissioners and Divisional Commissioners, who failed to act on this issue must be held accountable. Strict legal action must be taken against encroachers, land grabbers, and corrupt officials who allowed illegal occupations and distress sales to take place.

A dedicated commission or tribunal must be established to investigate and resolve property disputes related to displaced Kashmiri Pandits. Special financial and legal assistance must be provided to displaced Kashmiri Pandits for reclaiming their properties and fighting illegal occupations.

For thirty-five years, Kashmiri Pandits have remained in exile, stripped of their land, homes, and rights while the government has failed to act.

This deliberate delay and inaction must end now. If the current administration is truly committed to justice, fairness, and national integrity, then it must not repeat the betrayals of the past.

The Deputy Commissioners and Divisional Commissioner of Kashmir must be held accountable for their inaction and must be directed to immediately implement the Distress Sale Act of 1997.

If this systemic injustice is not corrected now, history will remember the government as yet another regime that failed its most loyal citizens—the Kashmiri Pandits. The time for empty promises is over.

The government must act decisively, forcefully, and immediately to restore the stolen lands and properties of displaced Kashmiri Pandits. Anything less will be yet another betrayal of justice.By:[ Kundan Kashmiri]Kashmir Watcher, Freelance Writer & President, Kashmiri Pandit Conference (KPC) —Mobile: 8802267955Email: kundankashmiri@gnail.com