Excelsior Correspondent
Srinagar, Mar 4: Observing that nobody can be permitted to exploit the law as the petitioners have done in order to grab the migrant property, High Court has imposed a penalty of Rs one lakh on petitioners and directed the District Magistrate Anantnag to proceed under Migrant Act with the property without delay.
The genesis of the controversy in the present petition lies in an application filed by the migrants namely, Gautam Bali and Sumeet Bali, who claim ownership over land measuring 7 kanals 3 marlas of estate Mamal in Tehsil Pahalgam. They filed an application for protection of their property in their status as migrants based upon which action was taken.
The petitioners-Imtiyaz Ahmad Shah and others through the medium of the instant petition, claim that they have purchased certain parcels of land falling inter alia under survey No. 310 in estate Mamal, Pahalgam, which is accompanied with rights of Shamlat, which falls under Survey No. 309 and in that regard, claim that the official machinery should not interfere with the possession of the petitioners over the said piece of land.
However, the migrants refuted the stand of the petitioners with the submissions before the court that that no part of Shamlat land is at all contained in Survey No. 309. According to the report submitted by the Tehsldar, Pahalgam to the District Magistrate, Anantnag, the petitioners are actual owner only in regard to land falling under survey numbers 28, 29, 30, 31 and 310 2 upon which certain constructions have been raised. However, over the land measuring 7 kanals 3 marlas falling under Survey No. 309 owned by the private respondents-migrants, the petitioners have installed an electricity generator.
Court on filing of the instant proceedings on the land in question and obtaining the status quo order from the court said, through the instant petition, the petitioners, to some extent, successfully prevented the said statutory authority (DM Anantnag) from discharging its lawful functions on baseless grounds. “No one can be permitted to exploit or abuse the process of law in the manner in which the petitioners have abuse the process of law in the manner in which the petitioners have done in the present case”, Justice D S Thakur said.
Justice Thakur dismissed the petition along with cost of Rs. One lakh on the petitioners which the court directed to be deposited in the registry of this court within one month from today. “On the deposit of the said amount, Rs. 10,000/- each shall be credited into the accounts of the private respondents-Migrants directly through the banking channel. Balance Rs. 80,000/- shall be deposited by the Registry in the Advocates’ Welfare Fund”, reads the judgment.
Court in order to proceed in the case by the District Magistrate Anantnag vacated all interim/stay orders and directed the District Magistrate, Anantnag shall also proceed to act under the provisions of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 forthwith.
Court further added that by resorting the present proceedings by the petitioners under Article 226 of the Constitution of India, the petitioners have in fact stalled the statutory authority from discharging its statutory functions under the Act of 1997, which is meant to protect the properties of the migrants and prevent any unauthorized encroachment thereupon.
Follow our WhatsApp channel