Kashmiri Pandit woman alleges encroachment on 165-kanal Srinagar property despite HC order
Synopsis
A Kashmiri Pandit woman living in a Jammu migrant camp says her 165-kanal Srinagar property has been fenced off with concrete blocks and metal sheets — even as a High Court status quo order and District Magistrate custody signs stand at the site. The alleged encroachment, compounded by a questionable revenue extract issued by a local Patwari, raises uncomfortable questions about enforcement of the very law designed to protect displaced Pandits' properties.
Key Takeaways
Shakuntala Jalali , a Kashmiri Pandit migrant from Habba Kadal, Srinagar , alleges encroachment on her 165-kanal property at Omarheer, Soura , Srinagar.
A Jammu and Kashmir and Ladakh High Court order dated 7 February 2024 directs the Srinagar Deputy Commissioner and Municipal Corporation Commissioner to maintain status quo over the property.
The property was taken into legal custody of the District Magistrate under an order dated 7 June 2023 , with protective boards installed on-site.
Alleged encroachers reportedly produced a Patwari-issued Intikhab (land-revenue extract) to justify erecting concrete blocks and metal fencing.
Jalali has called for a probe into how the revenue extract was issued and for action against encroachers and responsible officials.
The J&K Migrant Immovable Property Act, 1997 empowers District Magistrates to evict unauthorised occupants and impose penalties up to double the market value.
A Kashmiri Pandit migrant woman, Shakuntala Jalali, on Thursday, 29 October 2026, alleged that her 165-kanal property in the Soura area of Srinagar, Jammu and Kashmir, has been encroached upon despite an explicit status quo order from the Jammu and Kashmir and Ladakh High Court. The alleged encroachment — involving concrete blocks and metal fencing — has occurred even as the property remains sub-judice and under the legal custody of the District Magistrate.
Details of the Alleged Encroachment
Shakuntala Jalali, daughter of Shambhu Nath Jalali and originally a resident of Habba Kadal in Srinagar, currently lives at the Muthi Migrant Camp in Jammu. She alleges that her property at Omarheer in the Soura area — comprising approximately 165 kanals in total, including 51 kanals of open land — has been illegally enclosed with concrete blocks and metal sheets. Protective boards had been installed at the site declaring the property sub-judice and under District Magistrate custody, yet the alleged encroachment reportedly proceeded regardless.
Court Orders and Legal Protections in Place
The dispute is being heard before the High Court in Writ Petition (Civil) Number 1373 of 2023, titled Shakuntala Bhan v/s Union Territory of J&K and Others. A court order dated 7 February 2024 directed Srinagar Deputy Commissioner Akshay Labroo and Srinagar Municipal Corporation Commissioner Basharat Qayoom to ensure maintenance of status quo over the property. An earlier order issued on 7 June 2023 by the Srinagar Deputy Commissioner's office had directed the Tehsildar Eidgah to take the property into custody under the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997.
Questionable Revenue Extracts at the Heart of the Dispute
Jalali has also raised concerns about the issuance of land-revenue extracts, known as Intikhab, by the concerned Patwari in favour of persons claiming rights over the land. The concerned Ward Officer reportedly confirmed that the individuals who erected the concrete structures had produced a land-revenue extract issued by the Patwari. Jalali has appealed to the Srinagar district administration to investigate how such an extract was issued for a property that is sub-judice, and to take action against the alleged encroachers as well as any officials found responsible for lapses.
The Law Protecting Kashmiri Migrant Properties
The J&K Migrant Immovable Property Act, 1997 was enacted to safeguard land and homes left behind by displaced persons and Kashmiri Pandits who fled the Kashmir Valley after 1 November 1989. Under the Act, District Magistrates assume legal custody and physical protection of such properties. Any sale, gift, exchange, or mortgage without prior written permission of the Divisional Commissioner is null and void and cannot be registered. District Magistrates are empowered to evict unauthorised occupants and restore possession, with penalties that can include compensation or rent at least double the market value.
What Happens Next
Jalali has formally urged the Srinagar district administration to examine the matter and act against alleged encroachers and officials responsible for any lapses. With the writ petition still pending before the High Court, the case is likely to draw fresh judicial scrutiny. This incident reflects a broader, long-standing challenge of enforcing legal protections for Kashmiri Pandit migrant properties, with several similar cases reported across the Kashmir Valley in recent years.
Point of View
1997 and its enforcement on the ground. The fact that concrete structures could reportedly be raised on a property displaying 'sub-judice' boards — with a High Court status quo order in force — points to either administrative failure or deliberate evasion, or both. The alleged issuance of a land-revenue extract by a Patwari for a property under District Magistrate custody is particularly alarming; if verified, it would indicate systemic rot rather than an isolated lapse. Decades after the Pandit exodus, the inability to prevent encroachment on a property with this many documented protections is a damning commentary on the state of migrant-property governance in Jammu and Kashmir.
NationPress
29 Oct 2026
Frequently Asked Questions
What is the Shakuntala Jalali property encroachment case about?
Shakuntala Jalali, a Kashmiri Pandit migrant residing at Muthi Migrant Camp in Jammu, alleges that her 165-kanal property at Omarheer in Srinagar's Soura area has been illegally enclosed with concrete blocks and metal fencing. This has reportedly occurred despite a Jammu and Kashmir and Ladakh High Court status quo order and District Magistrate custody of the property.
What court orders protect Shakuntala Jalali's property?
An order dated 7 February 2024 from the J&K and Ladakh High Court directs the Srinagar Deputy Commissioner and Srinagar Municipal Corporation Commissioner to maintain status quo over the property. A further order from the Deputy Commissioner's office on 7 June 2023 directed the Tehsildar Eidgah to take the property into custody under the J&K Migrant Immovable Property Act, 1997.
Why is the land-revenue extract (Intikhab) a key issue in this case?
The Ward Officer reportedly confirmed that alleged encroachers produced a Patwari-issued Intikhab — a land-revenue extract — to justify erecting structures on the property. Jalali has questioned how this extract could have been issued for a property already under District Magistrate custody and subject to a High Court status quo order, and has sought an official investigation.
What does the J&K Migrant Immovable Property Act, 1997 say?
The Act protects immovable properties left behind by Kashmiri Pandits and other displaced persons who migrated from the Kashmir Valley after 1 November 1989. District Magistrates take legal custody of such properties, and any sale, gift, or mortgage without prior written permission of the Divisional Commissioner is null and void. Unauthorised occupants can be evicted, and penalties of at least double the market value can be imposed.
What action has Shakuntala Jalali sought?
Jalali has formally appealed to the Srinagar district administration to investigate how the Patwari-issued revenue extract was generated for a sub-judice property, and to take appropriate action against the alleged encroachers and any officials found responsible for lapses in enforcement.
