Early Times Report
Jammu, May 31: A public interest litigation (PIL) has been filed before the High Court of Jammu & Kashmir and Ladakh at Jammu challenging the amendments made to the Jammu Municipal Act.
The petitioner, S. Jaswinder Singh, a 54-year-old resident of Karan Nagar, Jammu, through his counsel Parveen Kapahi has raised concerns over the amendments, alleging them to be a colorable exercise of legislation and a violation of constitutional provisions. The PIL targets the notification issued by the Union Territory of Jammu and Kashmir through the Chief Secretary, notifying rules for levy, assessment, and collection of property tax in municipalities and municipal councils. The petitioner argues that the notification and amendments to the Municipal Act are unconstitutional and ultra vires as they encroach upon the legislative powers vested in the state list.
Furthermore, the petitioner highlights that under the Jammu and Kashmir Reorganization Act 2019, the Union Territory of Jammu and Kashmir was constituted with a legislature. As per the Government of Union Territory Act 1963, the legislative assembly has the power to make laws for the entire union territory. The petitioner contends that the respondents have bypassed this enactment and enacted laws indirectly, which they cannot do directly, thereby violating the provisions of the said enactment. The petitioner had previously issued a legal notice to the respondents, urging the withdrawal of the impugned notification. However, no action has been taken in response, leading the petitioner to file the public interest litigation seeking the quashing of the notification and declaring it null and void. This PIL holds significance as it raises concerns over the legislative powers and the jurisdiction of the respondents to make laws regarding property tax in Jammu and Srinagar municipalities. The High Court of Jammu & Kashmir and Ladakh will now examine the matter and make a determination based on the arguments presented by both parties. |
