DB directives in alleged encroachment of Migrants property

12/11/2017

JAMMU, Nov 11: In a petition filed by All India Kashmiri Samaj Ors seeking direction to Divisional Commissioner, Srinagar to submit a report with regard to the steps taken by the District Magistrate of Srinagar Division under Section 4 the Jammu and Kashmir Migrant Immoveable Property (Preservation, Protection and Restrain on Distress Sales) Act, 1997. It is further submitted that the members of the petitioner-association had complained with regard to the encroachment of the property to the Divisional Commissioner, Srinagar. It has been also submitted that Divisional Commissioner Srinagar may be directed to apprise this Court about the steps taken for removal of the encroachments.
It is further submitted 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. It is also 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 is 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.
Division Bench Comprising Justice Alok Aradhe and Justice Tashi Rabstan after hearing both sides granted four weeks' time to file status report in compliance with order dated 22.08.2017. In the aforesaid status report, the Divisional Commissioner Kashmir shall clearly state as to whether the work of identification of the encroachment of the properties of the migrants in Kashmir Division has been undertaken by the respondents. The status report shall also indicate 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 after obtaining possession thereof.
Division Bench made it clear that in case the status report is not filed by the next date of hearing, this Court shall be constrained to pass appropriate orders. JNF

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