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news details
Displaced Persons of 1965 deprived of Occupancy Tenancy Rights
Govt becomes stumbling block in implementation of its own order
10/14/2019 10:54:17 PM
Early Times Report
Jammu, Oct 14: Despite showing its concern towards Displaced Persons of 1965 of Chamb for depriving them of Occupancy Tenancy Rights, the Government has failed to implement its own order even after the lapse of nearly ten years.
As per documents, the Displaced Persons of 1965 and 1971 Wars, from Chamb area of Pakistan have not been recorded as Occupancy Tenants in Evacuee Land Agrarian allotted which is in their possession in terms of Section 3-A of Agrarian Reforms Act 1976 (for short "Act of 1976).
Although as per copy of communication bearing No REV/EP/RTI/27/2011 dated 15.12.2011 issued by Deputy Secretary to Government (Public Information Officer) Revenue Department which reveals that POK displaced persons of 1965 are entitled to be declared as Occupancy Tenants under Section 3-A of the Agrarian Reforms Act, 1976, subject to the condition that the said POK displaced persons must be in cultivating possession of the Evacuee Land on the crucial date i.e. Kharif 1971.
In this connection, the DPs filed a RTI application to Commissioner Secretary Revenue Jammu and Kashmir seeking reply that despite admitting that DPs of 1965 have Occupancy Tenancy Rights why these people have not been given the same till date but shockingly office of Com Secy Revenue transferred RTI to Custodian General for the reply. But Custodian General in its reply said that its department works under Custodian Act and it has nothing to do with Revenue Act.
Reacting on the reply of Custodian General, the DPs wrote a letter to Commissioner Secretary Revenue that why their RTI was wrongly transferred to Custodian General but no reply received. Similarly, a letter was written to Chief Information Commissioner regarding denial of reply under RTI Act but has been more than three months, the CIC also didn't respond.
But surprisingly, 37 number of families of displaced persons of 1965 who were allotted Evacuee Land before Kharif 1971 and also were in cultivating possession of evacuee land, have been conferred with Occupancy Tenancy Rights under Section 3-A of the Act of 1976, in Tehsil Billawar.
Besides, as per a copy of communication dated 28.06.2014, which is also taken on record and submits that Deputy Commissioner Kathua, has already declared that POK displaced persons of 1965 are entitled to be declared as Occupancy Tenants under Sec 3-A of Act of 1976.
Moreover, in a meeting held under the chairmanship of Dr Pawan Kotwar, the then Divisional Commissioner Jammu on 28.042009 took decision with the regard to the said issue, which clearly reflects from its minutes of meeting which reads as "It was observed that the provisions of Section 3-A of the Agrarian reforms Act, 1976 are clear and are categoric and the provisions of Section 3-A are applicable to the land allotted to the DPs of all categories namely of 1947, 1965 and 1971. The chair expressed dissatisfaction and concern why tenancy rights under Section 3-A of Agrarian Reforms Act, 1976 have not been conferred on these DPs till date. It was decided that it would be enjoined upon all the Deputy Commissioners concerned to implement the provisions of Section 3-A of the Agrarian Reforms Act, 1976 in letter and spirit with respect to the land allotted to DPs fully within a period of two months." But despite lapse of ten years, the said decision has not been implemented by the concerned Deputy Commissioners.
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