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| PIL challenges J&K Residential & Commercial Tenancy Act 2012 | | DB issues notice to CS and Ors | | early times report
Jammu, Aug 29 (JNF): Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Muzaffar Hussain Attar today in a Public Interest Litigation challenging the provisions of J&K Residential & Commercial Tenancy Act 2012 after hearing Sr. Adv BS Salathia and Adv VIkram Sharma, issued notices to Chief Secretary J&K State, Commissioner/ Secretary Law Dept and BA Runiyal Commissioner/Secretary Revenue and further directed Registry to list this PIL on September 6, 2012.
This Public Interest Litigation has been filed by Ex-Vice President of Bar Association Jammu Chander Mohan Sharma through Advocates Pawan Kumar Manni, Vikram Sharma, Deepak Singh Baloria and Ashish Sharma.
In the Public Interest Litigation it has been submitted that the respondents have taken away the powers and functions of judiciary and have vested them with the Revenue Officers. In the PIL it has been further submitted that the taking away of powers of adjudication land-lord tenant disputes from judiciary does not qualify the touch stone of Legislative Competence keeping in view the provisions of Section 12 and 18 of constitution of J&K. The provisions of section 2(b) and 2 (n) r/w 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 pass so many decades has been snubbed by the state, which, it seems is relying more on the class of Revenue Officers, it has, instead of the time tested adjudication of the judiciary. It is further stated that by enacting the provisions impugned the superintendence and control of the High Court over the Rent Controller has been taken away in as much as the rent controller under the new Act of 2012 is not amenable to the appellate or revisional jurisdiction of the High Court.
In the PIL It has been prayed for quashing 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 the Revenue Dept. |
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