Should Kashmir Compensate Families Living on Illegal Riverbanks?

Every monsoon, images of waterlogged homes and stranded families flood Kashmir’s news feeds. Boats navigate narrow lanes, rescuers pull children from flooded homes, and devastated families mourn their lost possessions. Many of these scenes repeat with uncanny regularity.

- Mohammad Amin Mir

Beneath the tragedy, an uncomfortable truth emerges: countless homes built along rivers and irrigation channels are not meant to exist.

In official land records, much of this property is classified as Gair Mumkin Koul, land reserved for canals, riverbeds, or drainage, where construction is prohibited.

Still, over decades, families have moved onto these fragile riverbanks. When floods strike, the same people often demand compensation from the state.

The legal answer is simple: under the Jammu and Kashmir Land Revenue Act, structures on such land are unauthorized. Courts across India consistently rule that illegal constructions cannot receive compensation. Humanitarian relief, like food, temporary shelter, clothing, is different from financial compensation. One protects dignity in crisis. The other legitimizes lawbreaking.