Srinagar- The High Court of J&K and Ladakh has reiterated that alienation of immovable property of a migrant cannot be alienated without the permission of the Revenue and Relief Minister.
A bench of Justice Sanjay Dhar observed that the law prohibits alienation of immovable property of a migrant by act of parties, a decree or order of a court or a revenue officer without previous proper permission.
Under Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, the court said, District Magistrate becomes ‘custodia legis’ of migrant property and the same cannot be alienated without the permission of Revenue and Relief Minister.
Referring to the Act, the Court noted that Section 4 would reveal that any alienation in violation or without such permission is “null and void”.
The Act authorizes the competent authority to evict an unauthorized occupant from a migrant property and use such force as may be necessary for taking possession of the property if the unauthorized occupant refuses to surrender the possession, the court said.
“Thus, as per the scheme of the Act of 1997, the District Magistrate, who is the competent authority in terms of Section 4 of the Act, is authorized to take such steps as may be necessary for preservation and protection of such property which includes eviction of an unauthorized occupant,” the court said while dismissing two petitions.
In one of the pleas, the petitioners had challenged order passed by District Magistrate, Shopian who while exercising powers under Section 5 of the Act of 1997 had directed the Naib Tehsildar, Kanjiullar to take possession of the land measuring 25 kanals 17 marlas at Ramnagri Shopian.
In another petition, the petitioners had challenged dismissal of the appeal by the Appellate Authority that is Financial Commissioner, Revenue, and District Magistrate’s order.
As per the petitioners, the particular land was not a migrant property and claimed that the same was under the cultivation and tenancy of their ancestors even before Kharief 1971.
They had also contended that the District Magistrate without jurisdiction ignored the entries in the revenue record and he did not hear them and thereby principles of natural justice were violated.
Follow this link to join our WhatsApp group: Join Now
Be Part of Quality Journalism |
Quality journalism takes a lot of time, money and hard work to produce and despite all the hardships we still do it. Our reporters and editors are working overtime in Kashmir and beyond to cover what you care about, break big stories, and expose injustices that can change lives. Today more people are reading Kashmir Observer than ever, but only a handful are paying while advertising revenues are falling fast. |
| ACT NOW |
| MONTHLY | Rs 100 |  |
| YEARLY | Rs 1000 | |
| LIFETIME | Rs 10000 | |
