Kashmir Watcher & President, Kashmiri Pandit Conference (KPC)

For over three decades, the displaced Kashmiri Pandit community has endured the pain of forced exile, having been driven from their homes by militancy and extremism. One of the most distressing and unresolved issues for these victims of history remains the illegal occupation, encroachment, and unauthorized sale of their ancestral properties in the Kashmir Valley. While the Government of Jammu and Kashmir often claims that the Deputy Commissioners and District Magistrates are the legal custodians of these migrant properties, the ground reality presents a starkly different and deeply disturbing picture. This so-called custodianship has, in practice, become nothing more than a mirage—an illusion that has only deepened the wounds of the community and eroded its trust in the administrative system.

Time and again, when displaced Kashmiri Pandits return to their native villages to inspect or reclaim their land and properties, they are faced with an unsettling truth. Their ancestral lands are no longer theirs, illegally grabbed or falsely sold off by local land mafias who have operated with impunity and often in collusion with elements within the system. There is little or no evidence that the concerned District Commissioners have fulfilled their duty to protect or preserve these properties. In most cases, what exists is silence, inaction, or excuses. The so-called ‘custody’ of the administration is missing on the ground, and the people are left to fend for themselves in the face of hostile encroachers and legal confusion.

This failure becomes even more appalling in light of the Distress Sale Act of 1997 the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act. This legislation was introduced with the stated purpose of safeguarding the immovable property of displaced Kashmiri Pandits and preventing illegal or distress sales. However, more than two decades later, the Act remains largely unimplemented. What was the purpose of passing such a law if it was never enforced? What was the intention behind framing such a statute if the administration never acted upon it with sincerity and commitment? The Act, which could have been a source of hope and justice, has instead become a silent witness to negligence, injustice, and betrayal.

It is painfully clear today that land mafias and encroachers in Kashmir operate without fear because they know the system is either unwilling or unable to stop them. They are emboldened by the silence of the authorities and the failure of custodianship that was supposed to safeguard the rights of a displaced and devastated community. The issue is not merely legal—it is moral, human, and existential. How can we, as a nation and a democratic society, remain silent spectators while an entire community’s heritage is plundered and erased?

The Government of Jammu and Kashmir must now answer serious and urgent questions. Why has the Distress Sale Act of 1997 not been enforced with dedication and honesty? Why have District Magistrates across the Valley failed to act as true custodians of these vulnerable properties? Why has no mechanism been put in place to monitor, document, and publicly update the status of lands and houses that belong to the displaced Kashmiri Pandit community?

It is high time the administration moved beyond rhetoric and took tangible steps. The government must reactivate and implement the Distress Sale Act 1997 in letter and spirit. Custody records of all such migrant properties should be made public and updated regularly. A high-level administrative and legal authority should be established to deal exclusively with the issues of KP lands, facilitate their return, and provide justice in a time-bound manner. All land grabbers must be prosecuted without delay, and any official who failed in their legal responsibility should be held accountable. Above all, the state must immediately conduct joint drives to retrieve illegally occupied properties and hand them back to their rightful owners without delay or discrimination.

This issue is no longer about administration alone. It is about justice long denied. It is about dignity long shattered. It is about a community’s legitimate right to reclaim its roots, its memories, and its rightful place in the land of its ancestors. Let this not become another forgotten chapter in the sad history of Kashmir. Let this be a turning point where justice finally begins to prevail, not only in words but in real, visible action.

The entire victimized Kashmiri Pandit community earnestly appeals to the Hon’ble Lieutenant Governor of Jammu and Kashmir and the Hon’ble Chief Minister of Jammu and Kashmir to kindly issue clear and time-bound directions to all District Commissioners of the Kashmir Valley to implement the Distress Sales Act, 1997 in its true letter and spirit, so that long-denied justice is finally delivered to the displaced Kashmiri Pandits who have been living in forced exile for the past thirty-six years

[ Kundan Kashmiri]
Civil society activist, Kashmir Watcher,& Freelancer & President KPC
Mobile and 8802267955
Email — kundankashmiri@gmail.com