Regularisation of 2,56,846 Evacuee Properties: A Call for Proprietary Rights to Local Allottees
Political Push for Comprehensive Ownership Rights in J&K
||Black and White Digital News ||
||January 29,2025 ||
Jammu : The demand for granting proprietary rights over evacuee properties in Jammu and Kashmir has gained fresh momentum, with the Bharatiya Janata Party (BJP) pressing for the inclusion of Local Allottees in the recently announced ownership rights scheme. BJP spokesperson Ankur Sharma, while addressing a press conference at the party headquarters in Jammu, welcomed the Lieutenant Governor’s (LG) administration’s decision dated August 16, 2024, which conferred proprietary rights over evacuee lands to Displaced Persons (DPs) of 1947, 1965, 1971, and West Pakistani Refugees (WPRs). However, he strongly urged the Omar-led UT government to extend the same benefits to Local Allottees across rural and urban areas.
Major Demand: Inclusion of Local Allottees
Sharma emphasized that while providing ownership rights to DPs and WPRs was a crucial first step, the government must immediately extend these rights to Local Allottees, including those with agricultural, residential, commercial, and mixed-use properties. He described this as a significant responsibility of the UT government, asserting that it would empower farmers, the middle class, and marginalized communities, particularly the Dogra population of Jammu Province.
He highlighted that Local Allottees have been in possession of these lands under various government orders, including:
• Cabinet Order 578-C
• Government Order LB-7
• Government Order Reh 371 of 1971, which aligns with the Second Schedule of the Agrarian Reforms Act
Understanding the Scale of Evacuee Properties in J&K:
Evacuee properties, primarily located in Jammu Province, account for a staggering 2,56,846 properties, of which 7,161 are urban. The market value of these properties runs into thousands of crores, making their regularization a matter of significant financial and social impact.
Demand for Just Compensation on Acquired Lands:
Sharma also raised concerns about compensation for Local Allottees whose allotted evacuee lands have been acquired by the government for public projects. According to the current legal framework, allottees are entitled to receive nearly 80% of the total compensation, but in many cases, compensation has not been transferred to the rightful beneficiaries. He urged the government to ensure fair compensation to protect the interests of allottees.
Criticism of the Custodian General’s Office:
A significant portion of Sharma’s address was directed at the Custodian Department, which oversees evacuee properties. He criticized its high Operating Expense Ratio (OER), arguing that the cost to operate the department far exceeds the revenue it generates. He labeled the department as an unnecessary financial burden on the state, stating that its continued existence “costs an arm and a leg” to taxpayers.
Historical Context: The Relevance of Evacuee Property Laws:
Sharma questioned the continued relevance of The J&K State Evacuees (Administration of Property) Act, which governs evacuee properties. He pointed out that most evacuee properties in J&K belong to individuals who left for Pakistan in 1947 in support of the Two-Nation Theory. He argued that maintaining a government department to protect properties of those who chose Pakistan contradicts common sense 75 years after Independence.
He also linked the issue to the retrieval of Pakistan-occupied Jammu & Kashmir (PoJK), asserting that once PoJK is reclaimed, the issue of Hindu-Sikh evacuee properties left behind can also be addressed in a just manner.
Proposal for a New Administrative Approach:
Sharma called for dismantling the Custodian Department and replacing it with a Relief Commissioner of the rank of Commissioner/Secretary to the Government. He proposed that this official should belong to the persecuted community and should be responsible for:
1. Adjudicating issues related to ownership rights
2. Resolving earlier allotments
3. Ensuring compensation for acquired lands
Government’s Position & Expected Impact:
BJP spokesperson Y.V. Sharma also weighed in on the issue, stating that the central government, through the LG administration, has already paved the way for granting proprietary rights to DPs and WPRs. He emphasized that this move would reduce financial burdens on the government while generating goodwill among affected communities.
Sharma urged the UT government to act swiftly, ensuring that the new policy is implemented without bureaucratic delays. He stressed that the move would boost economic activity, enhance land security, and provide relief to thousands of local families.
A Critical Political & Economic Decision:
The demand to regularize all evacuee properties in favor of allottees—both Displaced Persons and Local Allottees—has emerged as a significant political and economic issue in J&K. The BJP’s push for ownership rights for Local Dogras and other communities reflects the party’s broader agenda of empowering indigenous populations and reducing bureaucratic control over land assets.
Whether the Omar-led UT government acts upon these demands will be a key political test, with potential implications for regional stability, economic development, and electoral dynamics in Jammu & Kashmir.
