ASHOK KUMAR KOUL Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The present LPA is preferred against the judgment and order dated 9th December 2011 passed in OWP No. 539/2007 Mohd. Ashraf Jan v. State Of J&K & Ors.,2012 1 JKJ 150, whereby the writ Court has set-aside the order of the Financial Commissioner Revenue (Appellate Authority) under the Jammu and Kashmir Migrants Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act 1997. However, in order to understand the controversy, in its correct perspective, it is necessary to give in brief the following facts:-

(2.) The Jammu and Kashmir State Legislature enacted the Jammu and Kashmir Migrants Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act 1997 with a view to protect the immovable properties of migrants, who had migrated from the Valley after 1st November 1989 on account of the peculiar disturbed conditions prevailing in the valley, and to avoid their distress sales.

(3.) Section 4 of the Act envisages that the District Magistrate would take over the possession of Immovable properties belonging to migrants falling within his territorial jurisdiction within 30 days from the commencement of the Act and on expiry of the said period of 30 days, the said District Magistrate is deemed to have the custody of immovable property.