Excelsior Correspondent
Srinagar, Jan 24: High Court has directed Deputy Commissioner Srinagar to take steps for protecting the migrant land situated in Batmaloo under migrant Act within a period of six weeks.
Justice Wasim Sadiq Nargal directed the Deputy Commissioner Srinagar to take steps and measures in terms of the Act of 1997, by protecting the land of petitioner measuring 22 Kanals and 12 Marlas covered under various survey numbers situated at revenue Estate Batmaloo, Srinagar.
The direction has been passed in a plea filed by a migrant namely Sheela Devi Wazir, claiming to be the owner of the land situated at Revenue Estate Batmaloo, Srinagar.
Devi had sought a direction upon respondents particularly on Deputy Commissioner Srinagar to protect and preserve her property as enshrined under the Act of 1997.
Her counsel submitted before the court that the land in question is a proprietary land recorded in the ownership of her father in law Wazir Tejram, and the said land was in his peaceful possession of till 1989.
It was contended that since the petitioner has migrated from J&K and, accordingly, it is the bounded duty of the respondents more particularly Deputy Commissioner Srinagar, to perform and discharge his duties to protect and preserve the property of the petitioner and for that matter take all steps and measures which were enjoined and enshrined upon him in the light of aforesaid Act.
Justice Nargal after hearing the counsel disposed off her plea without issuing formal notice to the respondents with the direction to DC Srinagar to take steps and measures in terms of the provisions of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, by protecting the petitioners property of land.
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