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Immovable Property of Migrants
HC directs DM Budgam to take action under provisions of law
9/20/2011 9:34:28 PM
EARLY TIMES REPORT
Jammu, September-20 :- Justice J.P. Singh of Jammu and Kashmir High Court in a petition filed by the petitioners Raj Krishan Pandita & Ors migrants from Kashmir Valley, disposed of the petition with a direction to District Magistrate Budgam to consider the petitioner's grievance and if their property was found to have been taken possession of unauthorizedly, to initiate action under the provisions of J&K Migrant's immovable property (Preservation, Protection and Restraint on distress Sales) Act 1997 and conclude it expeditiously preferably within a period of six months after hearing all those who may be required to be heard in the matter under law.
This direction has been passed in a petition filed by migrants from Kashmir Valley, their grievance is that despite requests, the District Magistrate Budgam, who is the competent authority under J&K Migrants Immovable Property (Preservation, Protection and Restraint on distress Sales) Act 1997, did not take requisite steps to ensure eviction of unauthorized occupants from their land.
Additional advocate general, A.H. Qazi who appeared on behalf of the state submitted that the state shall ensure that requisite action, as warranted under rules, is initiated and concluded by the District Magistrate Budgam, in terms of the J&K Migrants Immovable Property Act 1997 after hearing all those who are required under law to be heard in the matter. Upon this Justice J.P. Singh after hearing advocate P.N. Bhat appearing for the petitioners observed that in view of the statement made by the state counsel, there is no justification to keep this petition alive and disposed the petition with direction to the District Magistrate Budgam.
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