Excelsior Correspondent
JAMMU, Aug 29: In a Public Interest Litigation (PIL) challenging the provisions of J&K Residential and Commercial Tenancy Act 2012, Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Muzaffar Hussain Attar today issued notices to Chief Secretary, Commissioner Secretary Law Department and BA Runiyal Commissioner Secretary Revenue and directed Registry to list the PIL on September 6, 2012.
In the PIL filed by ex-Vice President of Bar Association Jammu, Chander Mohan Sharma through Advocates Pawan Kumar Manni, Vikram Sharma, Deepak Singh Baloria and Ashish Sharma, it has been submitted that respondents have taken away the powers and functions of judiciary and have vested the same with the Revenue officers.
“The taking away of powers of adjudication of land-lord tenant disputes from judiciary does not qualify the touch stone of Legislative Competence keeping in view the provisions of Section 12 and 18 of Constitution of J&K”, the petitioner said, adding “the provisions of Section 2(b) and 2 (n) read with Section 29 of the Act that define the Rent Controller are a direct hit at the independence of the judiciary. A system that had been working actively for the past so many decades has been snubbed by the State, which, it seems is relying more on the class of Revenue Officers instead of the time tested adjudication of the judiciary”.
In the PIL, it has been prayed that Sections 2 (b), 2 (n), 29, 30, 31, 32, 33, 34, 55, 38 & 39 by virtue of which the powers of Civil Courts have been taken away from the judicial officers and vested with the officers of the Revenue Department should be quashed”.
After hearing Senior Advocate BS Salathia and Advocate Vikram Sharma, the Division Bench issued notices to Chief Secretary, Commissioner Secretary Law Department and BA Runiyal Commissioner Secretary Revenue and directed Registry to list the PIL on September 6, 2012.
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