Excelsior Correspondent
Srinagar, Sept 30: High Court has directed the District Magistrate Srinagar to proceed and pass appropriate orders after hearing all the stakeholders with regard to encroachment of migrant property in the outskirts of Srinagar in order to protect the migrant property.
Justice Sanjeev Kumar disposed of the plea of one Vinod Bhat who claims to be the owner of the property in question and alleges that the same has been encroached upon by some persons after his migration from the valley in 1990 and asked the aggrieved person to approach the District Magistrate Srinagar in this regard as provided under the Migrant Act.
“The District Magistrate shall do well to proceed in the matter and pass appropriate orders after affording the opportunity of being heard to all stakeholders. Let an endeavour be made by the District Magistrate to dispose of the application if any filed by the petitioner within a period of two months from the date of its presentation”, Justice Kumar directed.
A short grievance projected by the petitioner-Bhat before the court was he along with others are migrants and owner of land measuring 2 kanals and 2 marlas situated in estate Murinderbagh, Harwan, Srinagar, and allege that during their absence due to migration in the year 1990 the respondent-Iftiqar Ahmad has encroached upon the said land.
Aggrieved petitioners submitted before the court that they approached District Magistrate, Srinagar, for eviction of the unauthorized occupants and for restoration of possession under the provisions of
“Jammu & Kashmir Migrant Immovable property (Preservation, Protection and Restrained of Distress Sales) Act 1997,”. But the District Magistrate, who is an authorized officer in terms of Section 4 of the Act, has instead delegated the consideration of the application to the Tehsildar, which is not permissible under law.
Petitioner-Bhat submitted before the bench that in terms of the Section 4 of the Act, the District Magistrate, is a competent authority to adjudicate such dispute and therefore, the adjudication thereof cannot be handed to any authority subordinate to the District Magistrate.
The Court after having the Government counsel having regard to the nature of the controversy, disposed of the case by permitting the petitioner-Baht to file a formal application under the Act of 1997, for eviction of unauthorized occupants if any, and restoration of possession of land claimed to be owned by him before District Magistrate, Srinagar.
Court said that in case the petitioner-Bhat moves formal application in this regard, the District Magistrate shall proceed under section 4 & 5 of the Act and pass appropriate orders that may be required for Protection and preservation of the Migrant Property.
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