Excelsior Correspondent
Srinagar, Aug 7: The High Court today observed that alienation of migrant property by the act of parties, court order or by a revenue officer without proper permission of the authority is illegal and prohibited under law.
Justice Sanjay Dhar said the law prohibits alienation of immovable property of a migrant not only by act of parties but also by a decree or order of a court or a revenue officer without prior permission of the Revenue and Relief Minister.
He said that any alienation of immovable property in contravention of the law shall be null and void. He said this while hearing a petition of a person in Ganderbal who was asked to evict migrant property which he had purchased by not following proper procedure.
Justice Dhar directed the District Magistrate, Ganderbal to pass a fresh order of eviction if the situation warrants with regard to the land in question situated in Village Waskura Tehsil of District Ganderbal after taking into consideration the report of the enquiry conducted pursuant to the directions of this Court.
The kins who happen to be the legal heirs of original petitioner Ghulam Nabi Ganai, filed the instant plea challenging the order passed by Deputy Commissioner Ganderbal, whereby on the basis of communication addressed by the Divisional Commissioner issued a direction to Additional Deputy Commissioner Ganderbal to handover possession of the land in question claimed by respondents-Pyari Devi, Phoola Devi and Teja Devi who happen to be the successor of original owner of land-Deena Nath.
The case set up by the petitioners is that the deceased Deena Nath Bhat agreed to sell property measuring 09 kanals and 03 marlas falling in different Khasra Number along with Shamilat Deh land measuring 05 kanals situated in village Waskura Tehsil Ganderbal to them for a consideration of Rs 86,000 without any force and coercion.
It has been claimed that Deena Nath received a sum of Rs.11,000 from their father in lieu of sale of the land in question and the balance amount was to be paid to him at the time of execution of the sale deed against a receipt in this regard is stated to have been executed by Deena Nath Bhat on 27.09.1990.
However, Justice Dhar clarified that the law prohibits alienation of immovable property of a migrant not only by act of parties but also by a decree or order of a court or a revenue officer without previous permission of Revenue and Relief Minister.
“The Rules framed by the Government in exercise of its powers prescribe the manner in which an application for grant of permission to alienate the property has to be dealt with and in case any property is transferred in contravention thereof, the District Magistrate of the area suo moto or on the basis of information received or otherwise has to hold an enquiry into the matter himself or through a Revenue Officer not below the rank of Tehsildar and if necessary and may take possession of the property after evicting the person in possession so as to preserve and protect the same”, Justice Dhar recorded.
Court reiterated that the District Magistrate becomes custodia legis of any property belonging to a migrant and the same cannot be alienated without the permission of Revenue and Relief Minister and any alienation in violation of the same or without such permission is null and void.
Follow our WhatsApp channel