HC directs action for eviction of migrant property

Excelsior Correspondent
Srinagar, Sept 14: The High Court has directed the Divisional Commissioner Kashmir to take appropriate action as envisaged under the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 for eviction of the occupant from the migrant property in case the migrant approaches for the same.
Petitioner- Piaray Lal Bhatt in his petition was seeking enforcement and execution of the order of Deputy Commissioner, Budgam, Nodal Officer migrant property, passed on 16th of September, 2010, whereby Deputy Commissioner had called upon Ali Mohammad Sofi of Achgam, Budgam to show cause as to why he should not be evicted from the land measuring 16 kanals.
Justice Sanjeev Kumar while disposing of the petition said the petitioner Bhat is at liberty to approach the Divisional Commissioner Kashmir and the concerned shall take appropriate action under Migrant Act in the matter. Court said that was for the petitioner to approach the Deputy Commissioner concerned to find out as to whether pursuant to the show cause notice issued on 16th of September, 2010, any action has been taken against the respondent-Sofi or not.
He had also approached the then Chief Minister in the year 2011 and thereafter some process appears to have been initiated to take appropriate action in the matter as warranted under law but no fruitful results came out constraining him to again approach the concerned revenue authorities in order to seek his grievances.
“I leave it open to the petitioner to approach the Deputy Commissioner concerned for follow up action. He may also approach the Divisional Commissioner, Kashmir, in this regard” the Court said, adding “…that in case petitioner approaches the authorities aforesaid, appropriate action as envisaged under the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, shall be taken”.
Petitioner-Bhat through his counsel Abdul Rouf Parray projected before the court that he is the owner of land in question and the occupant-Sofi took undue advantage of the situation prevailing in the Valley after 1990 and when he had already migrated from the Valley, the occupant-Sofi illegally and forcibly had taken the possession of his land and constructed two storeyed building on the land in question.