Jammu and Kashmir government on Tuesday said an Act granting resettlement rights to people who had migrated from Kashmir to Pakistan was being scrutinised by the Supreme Court, but ruled out change in the status of evacuee property so far as its present ownership is concerned.
The Act provides an enabling mechanism to issue permits to citizens wanting to return to the state from areas under the control of Pakistan for permanent settlement.
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A government spokesman said the Resettlement Act was passed by the state legislature in 1982. After receiving the assent of the governor, it was referred to the Supreme Court, which returned the matter without remarks.
A writ petition was filed in the Supreme Court challenging the validity of the Act and the court stayed implementation of the Act in February 2002. The stay is still valid, he said.
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The Act, he said, is before the apex and it would be presumptuous to form an opinion about its validity.
The Act does not deal with any issues relating to ownership of property left behind by any evacuee who may be now residing outside the state, the spokesman said.
The interests of displaced persons, now in possession of the evacuee property, are fully protected under law and there is no way to dispossess them and therefore there should be no apprehension on that count, he added.
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