Excelsior Correspondent
JAMMU, May 1: In a petition challenging amendments to J&K Land Grants Act, 1960 and Rules of 2022, High Court has issued notice to the Government as important questions of law have been raised by the petitioner.
The petitioner-M/s Enar Smith through Nazir Ahmed Mir has challenged Union Territory of J&K Reorganization (Adaptation of State Laws) Fifth Order dated October 26, 2020 to the extent it amends J&K Land Grants Act, 1960 and Rules 3, 11, 12 and 15 of the J&K Land Grant Rules, 2022.
It was contended by Senior Advocate Pranav Kohli with Advocate Rahul Sharma appearing for the petitioner that the impugned Rule 12 of the Rules of 2022 which provides for determination of even subsisting lease and seeks to alter the status of those leases who have been granted lease under the previous repealed Rules, is ultra-vires to the parent Act inasmuch as it seeks to operate retrospectively which is not permissible under law.
It was further submitted that the respondents by amending Section 4 of the parent Act have given uncanalised powers of rule making to the Executive which amounts of excessive delegation not permissible under law.
After hearing counsels for the petitioner and perusal of the material on record, Justice Sanjay Dhar observed, “it appears that important questions of law have been raised in this petition as such the same is admitted to hearing”.
Accordingly, High Court issued notice to the respondents subject to taking of necessary steps by the petitioner within one week and in the meantime till next date of hearing before the bench status quo as regards the subject matter of the writ petition shall be maintained.
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