Innumerable families in Kashmir today are going through some of the most harrowing experiences of their lives. A family friend recently discovered that a portion of his ownership land in Kashmir, land they had possessd for over 20 years, invested in and deeply cherished, was being encroached upon. Local musclemen, well-connected to powerful figures, had made a frivolous claim. When they approached the police, they were met with indifference. The Revenue officials, too, seemed hesitant to act decisively because it has own saga of omissions and commissions in the land record matters. For months, they lived in anxiety, running from one office to another, each day waking up with the fear of losing what they had purchased with their hard earned money.
Omar sahab, besides the Chief Minister, you are holding the Revenue portfolio as well. The upcoming Assembly session presents as good opportunity to bring about this bill. It will create a sense of justice in J&K.
Sadly, my friend’s story is far from unique. Across Jammu & Kashmir, cases of illegal occupation of private land are rising. What makes it worse is the absence of a clear, stringent legal framework to deal with such cases. While Jammu & Kashmir has an array of laws to deal with state land grabbing — with several high-profile eviction drives having taken place in recent years — there is no comparable legal protection for private citizens whose land is unlawfully taken over.
Gujarat has shown the way
Contrast this with Gujarat, which in 2020 enacted the Gujarat Land Grabbing (Prohibition) Act. That law criminalizes land grabbing of both government and private lands. It defines land grabbing clearly, sets up special tribunals and prescribes harsh penalties, including imprisonment. Importantly, it ensures that land grabbers, often emboldened by political patronage, face the full weight of law, while victims are given a direct, time-bound path to justice.
Jammu & Kashmir has no such law for private land. Here, the land grabber often uses forged documents, influences/bribes officials and legal consultants, or sheer intimidation to occupy land, while the rightful owner is left in an endless cycle of litigation and harassment. In the absence of a dedicated law, such disputes can drag on for years, sometimes decades, leaving families in despair.
The looming danger of “Jungle Law” in J&K
If this legislative gap is not addressed soon, we risk sliding into a kind of jungle law, where might is right, and legal protections exist only on paper. In such a vacuum, ordinary citizens, salaried professionals, farmers, women, widows, and anyone without power — are the easiest targets. A lawless environment not only discourages people from investing in land or housing but also erodes public trust in institutions.
In Jammu & Kashmir, where decades of conflict have already weakened social trust and governance structures, the unchecked rise of land grabbing could become another destabilizing factor. When people feel that the state cannot protect their most basic asset — their land — they either withdraw into despair or resort to vigilante justice. Both outcomes are dangerous. If private land justice is not restored in J&K, the affected families could be forced to take novel legal measures that could jolt the foundations of administrative governance here.
Why a private land grabbing prohibition law is urgent
A strong, Gujarat-style law for J&K would need to:
a) Clearly define private land grabbing and recognize it as a criminal act, not just a civil dispute.
b) Establish special fast-track tribunals for adjudication, so that cases do not languish for decades.
c) Deter land mafias and politically connected individuals by prescribing tough penalties.
d) Provide immediate relief to victims, restoring their land and dignity.
e) Rebuild trust in the rule of law, showing ordinary citizens that the state stands with them.
Such a law would also act as a signal to investors and the wider public that Jammu & Kashmir is serious about rule-based governance and protection of property rights.
It should not take years of trauma, intimidation, and endless petitions for a citizen to secure what is rightfully theirs.
The state has the responsibility to ensure that private property rights are protected with the same urgency and seriousness as public lands. Gujarat has already shown that it can be done. Jammu & Kashmir must not delay any longer.
Because if we do, we risk creating a society where laws are irrelevant, where power dictates ownership, and where the ordinary citizen stands defenseless. That is not the future we want. Enacting a Private Land Grabbing Prohibition Law is not just a legal necessity. It is a moral and social imperative.
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