DMs to take immediate cognizance of violations
Avtar Bhat
JAMMU, Aug 13: In order to enforce the J&K Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 in letter and spirit the Government today issued an order enjoining upon all the District Magistrates in Kashmir valley in their capacity as competent authority and directed them to undertake survey, field verification of migrant left over properties and update all registers within a period of 15 days.
The order issued by the Revenue Department also enjoined upon the District Magistrates to submit compliance report to the Divisional Commissioner, Kashmir within a stipulated time in this regard.
As per official sources, the Government was enforced to issue the order as the implementation of the Act framed in the year 1997 has not taken place in the manner as prescribed by the Act and instances have come to the notice , particularly after the order of the High Court last year in a writ petition filed by All India Kashmir Samaj (AIKS) and others versus Union Government in 2016 regarding diarization of complaints and monitoring thereof, of immovable properties of migrants having been alienated without following the due process of law.
As per the order, the Competent Authority will prepare the details of immovable property of migrants in such format, as may be prescribed and take appropriate action to evict unauthorised occupant of the migrant property and take action as provided in Section 5.
By virtue of S .O 1229 (E) dated 31-03-2020 (Adaptation of State Laws) Order 2020 the requirement of written complaints for survey or measurement of a migrant property , Proviso 2 of Sub Section 6 has been omitted.
Considering the need for urgent measures to implement the Provisions of the Act, the competent authority has been asked to exercise their powers under Section 10 of the Act.
The order further stated that Competent Authority i.e District Magistrate should take cognizance of any violation of the Act, including in respect of religious properties and ensure timely action of eviction, custody and restoration of such properties and also take action under the Law against the violators.
The Revenue officers, as per the order, have been directed to dispose off cases on priority basis with due consideration to the circumstances and specificity while taking decision with regard to the limitation period.
To relieve the displaced people of their worries regarding lingering of cases in the concerned offices, the Government issued directives that the applications filed on the portal will be disposed off in a fixed time frame under the Public Service Guarantee Act, 2011 by the Revenue authorities under intimation to applicant.
The Department of Disaster Management Relief, Rehabilitation and Reconstruction has been asked to develop an online portal for filling applications by the migrants for correction of records/demarcation and removal of encroachments/ trespassing / alienation by way of fraud or distress.
It may be recalled that J&K Migrant Immovable Property Act was framed in 1997 by then National Conference Government headed by Dr Farooq Abdullah to safeguard the left over property of displaced people from Valley, its protection, preservation and restrain the distress sale of the same.
However, the Act had certain lacunas due to which it had become redundant and its implementation has not taken place in the manner as prescribed by the law.
There were many complaints from the displaced people who mostly belong to minority Pandit community that the forcible encroachment of their immovable property including agriculture land as well as orchards and land of shrines is unabated in Valley and the prevalent law has failed to protect the same during last over two decades.
Taking cognizance of the same as well as the Court directives, the Government today issued an order making the law more effective and vibrant in nature.
Meanwhile, AIKS has expressed the hope that with J&K Government order the left over properties of the migrants in Valley will be safeguarded and all distress sale will be declared null and void.
In a statement, the organization said its struggle has started bearing fruit.
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