Srinagar, Jan 23: The High Court of Jammu & Kashmir and Ladakh has directed Deputy Commissioner Srinagar, to take all steps and measures in terms of the J&K Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 by protecting the land of a migrant pandit situated at revenue Estate Batmaloo, Srinagar within a period of six weeks.
Disposing of a plea, Justice Wasim Sadiq Nargal directed the Deputy Commissioner Srinagar to take steps and measures in terms of the Act of 1997, by protecting the land of petitioner land measuring 22 Kanals and 12 Marlas covered under various survey numbers situated at revenue Estate Batmaloo, Srinagar.
The court was hearing a plea filed by a migrant pandit, Sheela Devi Wazir, who claims to be the owner of the land measuring 22 Kanals and 12 Marlas, covered under various survey numbers, situated at Revenue Estate Batmaloo, Srinagar.
The petitioner had sought a direction upon respondents particularly on Deputy Commissioner Srinagar to protect and preserve her property as enshrined under the Act of 1997.
The counsel, Mohammad Amin Khan representing petitioner submitted that the land in question is a proprietary land recorded in the ownership of Wazir Tejram, who happens to be father-in-law of the petitioner and the said land was in peaceful possession of Tejram till 1989.
Khan submitted that the respondents are not performing their constitutional statutory duty cast upon them under Jammu & Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997.
He contended that since the petitioner has migrated from J&K and, accordingly, it is the bounded duty of the respondents more particularly Deputy Commissioner Srinagar, to perform and discharge his duties to protect and preserve the property of the petitioner, “and for that matter take all steps and measures which were enjoined and enshrined upon him in the light of aforesaid Act.”
Justice Nargal after hearing the counsel, said “this petition can be disposed of at this stage without issuing formal notice to the respondents, and the petitioner would be satisfied with, in case the direction is issued to the respondent no. 3 (Deputy Commissioner Srinagar) to take steps and measures in terms of the provisions of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, by protecting the petitioners property of land which is measuring 22 Kanals and 12 Marlas covered under survey No. 2306/1642/752, situated at revenue Estate Batmaloo, Srinagar.
