Distress sale of migrant property
Excelsior Correspondent
SRINAGAR, Nov 13: On the migrants alleged sale of distress, the High Court has directed the Divisional Commissioner Kashmir to decide the application with regard to alienation of migrant property within three months by giving opportunity to both the parties.
Follow the Daily Excelsior channel on WhatsApp
The appellant-Ghulam Hassan Wagay in possession of the migrant property situated in District Shopian submitted before the Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar that he approached the Divisional Commissioner for alienation of the subject property but no decision till date.
The actual owners (migrants) in opposition of the plea filed by the appellant-Wagay contended before the bench that though they have executed the requisite documents with regard to said property yet the proposed sale was a distress sale as they were constrained to sell the land at lower rate due to the then prevailing law and order situation in the Valley.
The DB closed the appeal with the observations that unless the Divisional Commissioner, Kashmir, who is seized of the application of the appellant-Wagay for seeking permission to alienate the subject property is disposed of in one way or the other, no other proceedings be initiated with regard to the dispute.
The bench directed the Divisional Commissioner to consider and take a final decision on the application of the appellant-Wagay for permission to alienate the subject property under the provisions of the Act after affording an adequate opportunity of hearing to both the sides.
“Let a decision on the application be taken within a period of three months from the date a copy of this judgment is served by either party upon the Divisional Commissioner, Kashmir. The further proceedings in the matter shall depend upon the orders that may be passed by the Divisional Commissioner, Kashmir. Needless to say, that any party aggrieved by the decision of the Divisional Commissioner, Kashmir, shall be free to avail appropriate remedies as may be available under law”, the court concluded.
It is noted that the Tehsildar, Shopian has initiated the eviction proceedings at the instance of the actual owners (migrants) of the land in question which constrained the appellant to approach the Court through the medium of a writ petition which, however, was dismissed by the writ Court by giving liberty to him to avail the appropriate remedy as available under the J&K Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act before the appropriate forum.
Follow our WhatsApp channel
