J&K Migrant Immovable Property Act | Only District Magistrate Has Authority To Hold Enquiry Into Alienation Made In Contravention Of Act
Case: Parvesh Bahri & Ors Vs UT of J&K
Coram: Justice Sanjeev Kumar
Case No.: WP(C) No.1241/2022
Court Observation: “Plain reading of Section 3 along with Rule 6 makes abundantly clear that the “Prescribed Authority‟ i.e. the Divisional Commissioner is only the authority competent to grant permission for alienation under Section 3 whereas it is the District Magistrate having jurisdiction in the area where the property is situated, who is given authority to hold an enquiry into the alienation allegedly made in contravention of the provisions of the Act and if, in the enquiry, it is established that the alienation has in fact been made in contravention of the provisions of the Act, to take necessary steps to take over the possession of such property after evicting the alienee”
“The Divisional Commissioner is only a “Prescribed Authority” empowered to grant permission under Section 3 of the Act while as it is the District Magistrate who is competent and authorized to hold an enquiry into the alienation of immovable property made in contravention of the provisions of the Act and take over the possession of the alienated property after evicting the alienee from such property, provided in the enquiry it is established that the alienation has taken place in contravention of the provisions of the Act.”
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Keywords
J&K Migrant Immovable Property Act,
