Court directs Div Com Kashmir to file status report within 6 weeks
TNN Bureau. Updated: 12/10/2017 1:01:44 AM
Front Page
JAMMU: In the much publicised case of alleged encroachment of Kashmiri migrants' property in Valley, the State High Court on Saturday directed the Divisional Commissioner Kashmir to file a status report indicating whether the work of identification of the encroachment of these properties in Kashmir Division has been undertaken by the respondents, in this case the Divisional Commissioner Srinagar, within six weeks.
A Division Bench of the Court comprising Chief Justice Badar Durrez and Justice Sanjeev Kumar passed these directions while hearing a petition filed by All India Kashmiri Samaj and others on Saturday.
The bench also asked Divisional Commissioner Kashmir to ensure that the steps taken by the respondents under Section 4 of the Jammu and Kashmir Migrant Immoveable Property (Preservation, Protection and Restrain on Distress Sales) Act, 1997, for maintenance of the properties of the migrants in Kashmir Division are also indicated in the report.
The bench ruled this after hearing Senior Advocate PN Raina with Advocate J A Hamal and termed the directions as the final opportunity to the respondents.
Earlier, the court heard the petition of the members of the association which had complained with regard to the encroachment of the property to the Divisional Commissioner, Srinagar.
The petitioners have submitted that Divisional Commissioner Srinagar may be directed to apprise this Court about the steps taken for removal of the encroachments, besides asking that the Divisional Commissioner, Srinagar should apprise this Court with regard to the steps taken, which are required under Rule 7 of the Jammu and Kashmir Migrant Immovable Property Rules, 1997 for maintenance and up-keep of the property after possession thereof.
They had submitted that Divisional Commissioner, Srinagar be directed to submit report with regard to the identification of the property of the migrants in Kashmir Division. Lastly, it was urged that Divisional Commissioner, Srinagar be also directed to submit a report with regard to transfer certificate of alienation of the property belonging to the migrants in Kashmir Division.