Excelsior Correspondent
SRINAGAR, Aug 12: The High Court today directed the District Magistrate Anantnag to take over the possession of migrant property occupied by an ‘Ashram’ and restore its possession to the migrant-owners in accordance with the Migrant Act.
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The petitioners clamed that their grandfather and father were the owners and possessors of land measuring 05 Kanals, 01 Kanal and 02 Marlas, 01 Kanal and 17 Marlas, 01 Kanal and 17 Marlas, 03 Kanals and 06 Marlas and 05 Marlas situated at village Trahpoo, tehsil Achabal, district Anantnag and on the said piece of land, a cottage is also stated to have been built by their grandfather which remained unattended due to the fact that they had to leave Kashmir and could not come back because of the uncertain conditions and threat to their lives as well as the property.
They contended that they approached the concerned Revenue authorities for getting the land owned by their father mutated in their names, but were informed that some persons, on behalf of some Ashram/ Committee, had approached them regarding the land in question.
They being the only legal heirs of land in question, represented before the DC Anantnag many times for safeguarding their ancestral property as being Kashmiri Migrants, in terms of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 but no action with respect thereto has been taken till date.
Justice M A Chowdhary after having regard to the arguments advanced by the parties and perusal of the record allowed the petition and directed the District Magistrate, Anantnag to take the possession of the aforesaid landed property belonging to the petitioners and restore the same to them in accordance with the mandate of the Act of 1997.
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