STATE TIMES NEWS
Srinagar: The Jammu and Kashmir administration on Friday said timely action would be taken against any violation of the J&K Migrant Immovable Property Act, including in respect of religious properties, besides ensuring eviction, custody and restoration of such properties.
The administration also said the Department of Disaster Management Relief, Rehabilitation and Reconstruction would develop an online portal for migrants for filing applications for correction of records or demarcation and removal of encroachments, trespassing and alienation by way of fraud or distress.
Passing a slew of directions for preservation and protection of migrant properties, Principal Secretary (Revenue Department) Shaleen Kabra said in an order that the application filed on the portal would be disposed off in a fixed time frame under the Public Services Guarantee Act, 2011 by revenue authorities under intimation to applicant.
“The competent authority (district magistrates) shall undertake survey or field verification of migrant properties and update all registers within a period of 15 days and submit compliance reports to the divisional commissioner, Kashmir,” the order said.
It said any violation of the J&K Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, including in respect of religious properties, would be taken cognizance of by the competent authority (district magistrate) with timely action for eviction, custody and restoration of such properties and also action under law against the violators.
“The revenue officers shall dispose of cases on priority, with due consideration to the circumstances and specificity, while taking decision with regard to the limitation period,” the order said.
The act provides for the preservation, protection and restraint on distress sales of the immovable property of the migrants.
Various provisions of the act, provide for measures to prevent, alienation of immovable property due to distress sale by imposing certain restrictions, custody of immovable property, eviction of unauthorised occupants, implementation by the competent authority.
“Whereas, the implementation of the act, has not taken place in the manner as prescribed by the act, and instances have come to notice, particularly after the orders of the high court in OWP No. 477/2016 dated 06.03.2020 titled ‘All India Kashmiri Samaj and Others V/s Union of India and Others’ regarding diarization of complaints and monitoring thereof, of immovable properties of migrants having been alienated without following due process,” the order said.