Excelsior Correspondent
JAMMU, Sept 14: In a petition filed by All India Kashmiri Samaj and Others regarding alleged encroachment of migrants’ property in Kashmir valley, Division Bench of State High Court comprising Justice Alok Aradhe and Justice BS Walia today granted two weeks time to the Divisional Commissioner Kashmir for filing compliance report. The DB also made it clear that in case of non-compliance the court shall be constrained to take appropriate action against the respondents.
In the petition filed through Senior Advocate P N Raina, prayer has been made to the High Court for issuance of direction to Divisional Commissioner Kashmir for submission of a report with regard to the steps taken by the District Magistrates of Kashmir Division under Section 4 of the Jammu and Kashmir Migrant Immoveable Property (Preservation, Protection and Restrain on Distress Sales) Act, 1997.
It has further been submitted that the members of the petitioner-association had complained with regard to the encroachment of the property to the Divisional Commissioner, Kashmir. “Divisional Commissioner may be directed to apprise this court about the steps taken for removal of the encroachments and steps taken under Rule 7 of the Jammu and Kashmir Migrant Immovable Property Rules, 1997 for maintenance and up-keep of the property after possession thereof”, the petitioners said.
They have also prayed that Divisional Commissioner may be directed to submit report with regard to the identification of the property of the migrants in Kashmir division and transfer certificate of alienation of the property belonging to the migrants.
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