Excelsior Correspondent
SRINAGAR, June 14: High Court directed the District Magistrate Srinagar to deal with the migrant property in tune with the mandate of provisions of the J&K Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act and complete the exercise within two months.
The direction has been passed in a petition filed by one Mohammad Amin Kawa who is in possession of a shop and has challenged the action initiated by the authorities for evicting him on the complaint of Migrant (owner of the shop).
Kawa’s counsel submitted before the court that the complaint regarding unauthorized occupation of the shop by the petitioner-Kawa, can only be decided by the District Magistrate in terms of provision of the Act.
Justice Ali Mohammad Magrey disposed of the petition with direction to the District Magistrate, Srinagar, to pass orders in the matter in tune with the mandate of Sections 3, 4 and 5 of the Migrant Act after hearing the parties with reference to providing opportunity of being heard.
Court directed the DC Srinagar the exercise can be completed within a period of two months from the date of receipt of copy of this order. “In the event, the petitioner-Kawa fails to appear before the District Magistrate on notice, the District Magistrate, Srinagar, shall have no option but to proceed in the matter in accordance with the law. It is made clear that the eviction of the petitioner from the shop in question will depend on the further orders from the District Magistrate, Srinagar”, Court clarified.
Justice Magrey after perusal of the record said that the authorities have on entertaining the complaint of Migrant, passed directions for eviction of the petitioner-Kawa from the shop in question but there is no order passed by the District Magistrate, Srinagar on the complaint of the Migrant declaring the petitioner unauthorized occupant and thereafter, directing handing/taking over of the possession as mandated by Sections 3, 4 and 5 of the Act.
Court on the strength of the pleadings and documents on record and after hearing the counsel for the parties has come to the conclusion that complaint of Migrant has not been dealt with in accordance with the provisions of the Act and no orders are passed, declaring the petitioner as unauthorized occupant, with further order of eviction and taking over the possession.
Court said there is sufficient material is on record, which can form the basis for taking decision by the District Magistrate, Srinagar, subject to hearing the petitioner-Kawa as mandated by law, in tune with the provisions of the Act.
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