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| HC directive in migrant property occupation by forces | | | EARLY TIMES REPORT
JAMMU, Mar 21: High court judge, Justice J P Singh has directed district magistrate, Anantnag, to decide the cases of rent of the Kashmiri migrants' properties occupied by security forces in the district.
The court directive came in a writ petition filed by Kaniya Lal Dassi and two others who had left behind their houses and land at Ganjwara in Anantnag after their migration because of the militancy in the valley.
Their houses and land were occupied by CRPF in mid 1990. They had moved court, seeking rent.
In his judgement, Justice Singh observed that in terms of the provisions of section 4 of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, the Anantnag DM was deemed to have taken over the
possession of the properties of the petitioners. He was required to take requisite steps on the petitioners’ complaint as regards the illegal occupation of their properties, as
contemplated by the provisions of section 5 of the Act and disposed of the petition with a direction to the Anantnag DM to consider the petitioners’ claim for taking appropriate action in terms of the provisions of sections 5 and 13 of the Act in respect of their
properties, and to take all such measures, as might be necessary, to implement the provisions of the Act. Until such proceedings were initiated and concluded by the DM, he was required to ensure that the rent as assessed for the petitioners’ buildings, along with arrears, was paid them within a period of eight weeks.
Justice Singh ordered the state functionaries to ensure payment of arrears of rent to the petitioners within eight weeks.The court directed DM to pass requisite orders in respect of the
petitioners’ claims within a period of four months after hearing the respondents and those in occupation of the premises. The petitioners would enjoy liberty to file fresh representation
with the DM, supplying him all such material, or evidence on which they might like to rely upon for their Claims. The court also directed that the rent already received by the
petitioners would be adjusted in the compensation, if assessed payable to them, in terms of the provisions of section 13 of the Act.
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