Srinagar, Sept 1: Barely a month after a land mafia group violently attacked workers of an orchard land owner at Nagbal Yusmarg in Budgam district, another incident happened in Branwar Budgam on Tuesday, 27 August 2024 in which several women were injured. As per the details of the FIR filed at the Chadoora Police Station, and accessed by Ziraat Times, a case has been registered under FIR No: 121 / 2024 against twelve persons for rioting, land grabbing, trespassing and outraging modesty of women vide sections 191 (2), 303, 329, 74 BNS.
These incidents are not isolated. They are symptomatic of a broader problem where the rapid and often flawed digitization of land records has led to confusion, disputes, and a breakdown in social harmony among groups of people in J&K.
As such cases of violent confrontation on land issues are rising in J&K, and courts are getting overwhelmed with frivolous land disputes, especially in Budgam district, prominent civil society members have called upon the J&K administration to take urgent and concrete administrative measures to curtail the avoidable land disputes through a fair and transparent settlement system.
The ongoing process of land record digitization in Jammu & Kashmir under the ‘Apki Zameen, Apki Nigrani’ initiative is seen as a much-needed reform aimed at modernizing land administration and reducing property disputes. However, experts believe that without proper oversight and rectification of existing flaws, this well-intentioned initiative risks exacerbating conflicts, overwhelming the judicial system, and eroding public trust in government institutions. Those at disadvantage are the legal owners of land, with legally registered and possessed land, who are being browbeaten by new trend of ‘kabza and occupy’ by certain land mafia.
“The government’s current efforts to digitize land records, under the Digital India Land Records Modernization Programme (DILRMP), are aimed at reducing disputes and ensuring conclusive titles to immovable properties. While the intention is commendable, the execution has been marred by significant challenges”, says Dr Raja Muzaffar Bhat, a prominent RTI activist from Budgam.
“The pressure to rapidly upload records into digital platforms has led to widespread errors, with many landowners discovering discrepancies between their physical land holdings and the records now available online”, he said.
“To address these challenges, it is imperative that the land settlement process in Jammu & Kashmir, particularly in Budgam district, be conducted in a manner that is fair, transparent, and inclusive”, said Syed Anayatullah, a prominent political activist.
Experts believe that before any further digitization takes place, a thorough review of existing land records is necessary. This should involve cross-checking digital records with physical land holdings, engaging local communities in the verification process, and correcting any discrepancies that have already been uploaded.
“The success of any land settlement process depends on the active involvement of landowners and local communities. Public awareness campaigns should be conducted to educate landowners about their rights, the digitization process, and the steps they can take to ensure their land is correctly recorded. Public consultations and grievance redressal mechanisms should also be established to address concerns and disputes promptly”, said Ashok Khajuria, a revenue subject expert from Jammu.
Legal experts also believe that the government must implement strong legal safeguards to protect landowners’ rights and ensure accountability among Revenue officials who might have tampered with the original records to benefit any particular parties. This includes holding individuals accountable for errors in the digitization process, enforcing laws against land grabbing and encroachment, and ensuring that influential individuals are not able to manipulate the system to their advantage, said Nadeem Ahmed, another legal expert on land issues.
Modern technology offers tools such as Geographic Information Systems (GIS), satellite imagery, and blockchain that can enhance the accuracy and transparency of land records, experts believe. These technologies should be integrated into the land settlement process to ensure that records are precise, tamper-proof, and easily accessible to all stakeholders, they exhort.
“Given the already overwhelmed judicial system in Jammu & Kashmir, it is crucial to expedite legal processes related to land disputes. Special tribunals or fast-track courts could be established to handle these cases efficiently, ensuring that justice is delivered swiftly and that landowners can return to productive economic activities without prolonged legal battles”, says Advocate Janak Dass.
The economic and social implications of land disputes
Land disputes are not just legal issues; they have profound economic and social implications. In districts like Budgam, where agriculture is a primary livelihood, unresolved land disputes can lead to significant economic losses. Farmers embroiled in legal battles over land ownership are unable to focus on cultivation, leading to reduced agricultural output, financial instability, and increased poverty.
“These disputes erode social cohesion, and create an environment of mistrust and conflict within communities. When violent individuals are perceived to be above the law, it undermines the very fabric of society, leading to a breakdown in law and order and a sense of disenfranchisement among the general population”, said Samreen Khan, a Delhi-based lawyer researching India’s land disputes and impact on economic and social wellbeing.
The role of government and the path forward
“The lessons from the historic land settlement process led by Sir Walter Lawrence should serve as a guiding framework. Despite the technological limitations of the 19th century, Lawrence’s emphasis on transparency, fairness, and community involvement ensured the success of the settlement process. Today, with the advantages of modern technology, there is no reason why the government cannot achieve similar, if not greater, success in resolving land disputes and ensuring justice for all landowners in Jammu & Kashmir”, says Dr Raja Muzaffar.
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