| HC directs state to file reply affidavit within 4 weeks | | PILs challenging Residential, Commercial Tenancy Act | | Zahoor Ragi | 2/4/2016 11:54:20 PM |
| Early Times Report
Jammu, Feb 4 : In PILs challenging Residential and Commercial Tenacity Act, 2012 a high court division bench of Chief Justice N Paul Vasanthakumar and Justice Bansi Lal Bhat today directed respodents to file a reply affdiavit within four weeks. In the PILs, it has been submitted that the respondents have taken away the powers and functions of judiciary and have vested them with revenue officers. It was also submitted that the taking away of powers of adjudication of landlord-tenant disputes from judiciary does not qualify the touch stone of legislative competence keeping in view the provisions of sections 12 and 18 of Constitution of J&K. "The provisions of Section 2(b) and 2 (n) read with Section 29 of the Act that define the Rent Controller are a direct hit at the independence of the judiciary. A system that had been working actively for the past so many decades has been snubbed by the state, which, it seems is relying more on the class of revenue officers", the petitioners said while praying for quashing of sections 2 (b), 2 (n), 29, 30, 31, 32, 33, 34, 55, 38 & 39 by virtue of which the powers of civil courts have been taken away from the judicial officers and vested with the officers of revenue department.After hearing the two sides, the bench directed the respondents to file reply an affdiavit in this regard within four weeks.(JNF) |
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