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| Migrant’s property illegally occupied | | HC directs DC Anantnag to hold enquiry | |
Early Times Report
Jammu, June 18:In a petition filed by Tej Krishan Rawal against the illegal
occupation of building situated in market Pahalgam Justice Sunil Hali of J&K High
Court Jammu Wing today directed Deputy Commissioner Anantnag to hold an enquiry under the Act after hearing the parties appreciating their rival claims. He will also examine the plea taken by three private respondents who were stated to be tenants of the property and submit compliance report to the Court before September 15, 2009.
The petitioners claiming to be the owners of the property falling under survey No 241/42 situated at Morda tehsil Palgam submitted that three storied building situated in main market Pahalgam has been occupied by the private respondents without any consent from the petitioners whereas petitioners migrated from the valley in the year 1990 along with family members and after the death of their father Shambu Nath, the petitioners are absolute owners of the left over property situated at Pahalgam, Kashmir. On the other hand Advocate SS Ahmed appearing for the private respondents submitted that the private respondents are tenants of the property and they are regularly paying the rents to the petitioners.
Justice Hali after hearing both the sides and perusing the record observed that this is matter which is required to be inquired by the Deputy Commissioner concerned under the relevant Act. He has to examine the matter on merits of contentions raised by the parties, who claim to be in occupation of the property. While deciding this question, it is necessary that written consent of the concerned would be factor to determine the claim of those persons who have occupied the property and directed DC Anantnag to hold an enquiry under the Act. JNF
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