J&K High Court Dismisses Writ Petitions Challenging Eviction Orders under Migrant Property Act

LI Network

Published on: 7 September 2023 at 18:40 IST

In a significant legal ruling delivered on September 1, 2023, by Justice Sanjay Dhar of the High Court of Jammu & Kashmir at Srinagar, two writ petitions challenging eviction orders have been dismissed, providing clarity on the application of the Jammu and Kashmir Migrant Immovable Property Act, 1997.

The petitioners, represented by Advocates Mr. Lone Altaf and Mr. Wani Parvaiz, sought to challenge the order issued by the District Magistrate of Shopian under Section 5 of the Act.

This order directed the Naib Tehsildar to take possession of specific land parcels in Ramnagri, Shopian.

Justice Sanjay Dhar’s judgment offered a comprehensive legal framework and made several noteworthy observations:

1. Act’s Prohibitions: The judgment elucidated the key provisions of the Jammu and Kashmir Migrant Immovable Property Act, emphasizing its prohibition on the alienation of migrant property without prior permission.

2. Custodial Role of District Magistrates: Justice Sanjay Dhar clarified that District Magistrates hold custodial responsibilities over migrant property within their jurisdiction, with the aim of safeguarding and preserving these assets.

3. Eviction Powers: The judgment underscored that the Act empowers competent authorities to evict unauthorized occupants when they refuse to relinquish possession.

Regarding the main grounds of the writ petitions, the judge’s comments were as follows:

  • The petitioners claimed tenancy rights over the disputed land but failed to substantiate their claims with compelling evidence.
  • Revenue records and the Tehsildar’s report indicated that the land was owned and cultivated by the private respondents.
  • The court established that the impugned orders were not issued in violation of natural justice principles since the District Magistrate had already examined the petitioners’ contentions and the Tehsildar’s report.

Justice Sanjay Dhar concluded, stating, “For the foregoing reasons, I do not find any merit in these writ petitions. The same are, accordingly, dismissed.”


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