The High Court of Jammu & Kashmir and Ladakh, in a momentous decision, has conferred long-awaited justice upon 25 families. The Court categorically asserted that land allocated to Displaced Persons (DPs) from Pakistan-occupied Jammu and Kashmir (PoJK) for rehabilitation, as per Government Order No. 578-C of 1954, cannot be expropriated without due legal process. It emphasised that such deprivation is a human rights violation and could only occur through the lawful payment of rentals or compensation. The High Court pronouncement once again underscores the perilous ramifications of an inscrutable bureaucratic approach. The indigent denizens of Pakistan-occupied Jammu and Kashmir (PoJK), who sought refuge in Jammu during the partition, were officially granted land as a means of rehabilitation. Despite their compromises and resilience in the face of adversity, the very Government that initially allocated the land later callously demanded its evacuation.
The allocated land, belonging to the private persons, was judiciously conferred upon displaced citizens after meticulous considerations and deliberations. The sanctity of Government orders necessitates unwavering respect from successive administrations, precluding arbitrary manoeuvres in land allocations and rescindments. The High Court has vigilantly stepped in to safeguard the rights of these displaced families, whose odyssey of dispossession dates back to 1956. The culmination of this protracted legal dispute is indeed commendable. Jammu and Kashmir had witnessed extraordinary and contentious land reforms, disproportionately impacting citizens, particularly certain communities. The displaced persons of 1947 found themselves embroiled in a second, gruelling battle-this time against their Government. Prolonged legal battles take a toll on mental, physical, and financial fronts. The initial 25 displaced families, allocated 224 kanals and 10 marlas of land, have likely burgeoned into a substantial cohort of legal claimants vying for the stipulated compensation. The paltry sum each individual is slated to receive pales in significance compared to the arduous ordeal they endured. The only solace lies in the fact that, at long last, justice has been meted out. Erroneous land orders result in long legal battles, which must be avoided.
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