Excelsior Correspondent
SRINAGAR, May 12: The High Court today issued notice and sought reply from the Government to the plea challenging incorporation of provisions in the Municipal Corporation Act by implementing the property tax in Jammu and Kashmir.
The plea has been filed by one Hanan Moumin Khan challenging the constitutionality of Section 96 of J&K Re-organization Act 2019 under the garb of said Section few provisions have been incorporated vide notification dated 21.2.2023 issued by the Principal Secretary to Government, Housing & Urban Development Department, whereby by ‘property tax’ was implemented within the Municipal jurisdiction of Srinagar city.
The petitioner through his counsel submitted that the amendments carried out in the J&K Municipal Corporation Act, 2000 are violative of provisions of Constitution of India, and therefore indulgence of the Court for the protection and enforcement of fundamental, Constitutional, legal & statutory rights as vested by law & Constitution in the matter of occupation, possession, exercise and enjoyment of right to property of the petitioner.
“The Jammu & Kashmir Municipal Corporation Act, 2000 read with notifications vide S.O 49 dated 12.02.2021 & S.O 86 dated 21.02.2023 issued respectively by Principal Secretary to Government, Housing & Urban Development Department being violative of Articles provisions of Constitution of India”, he argued.
Justice Vinod Chatterji Koul after hearing the counsel for the petition issued notice of four weeks to Secretary, Legislative Department, Ministry of Law & Justice Government of India, Secretary J&K and Ladakh Affairs Division, Ministry of Home Affairs, North Block, New Delhi and Principal Secretary to Government, Housing & Urban Development Department J&K UT for filing of reply to the petition within four weeks.
He added that the Jammu & Kashmir Municipal Corporation Act, 2000 has been amended and repealed by incorporating new substantive provisions of law in the said Act which were not part of the said Act before the appointed day, consequently creating unconstitutional and illegal liability on the petitioner to pay property tax which was previously unknown to the petitioner.
Petitioner sought striking down of Section 96 The Jammu & Kashmir Reorganization Act, 2019 and implementation of the impugned order dated 21.02.2023 issued by Secretary to Government, Housing & Urban Development Department J&K UT providing therein imposition of property tax on citizens of J&K.
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