SRINAGAR: The High Court of Jammu Kashmir and Ladakh on Thursday sought a response from the Union Territory administration on a Public Interest Litigation (PIL) challenging the constitutional validity of the Jammu and Kashmir Tenancy Act, 2025.
A Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal issued notice to the Union Territory of Jammu and Kashmir and directed Senior Additional Advocate General Monika Kohli to obtain instructions from the government on the issues raised in the petition.
The PIL has been filed by Amandeep Sharma, President of the Young Lawyers Association, along with other members of the Association. The petition challenges the new tenancy law on the grounds that it substantially alters the adjudicatory framework governing landlord-tenant disputes in the Union Territory by transferring core judicial functions to executive authorities.
Appearing for the petitioners, Senior Advocate Vikram Sharma submitted that the Tenancy Act, 2025 divests judicial officers of their established role in adjudicating tenancy disputes and vests such powers in executive officers who lack judicial training and are already overburdened with administrative duties. He argued that this raises serious concerns relating to access to justice, impartial adjudication and procedural fairness.
The petitioners further contended that the legislation does not advance public interest, as it fails to maintain a fair and reasonable balance between the rights of landlords and tenants. It was submitted that the Act disproportionately impacts one class of stakeholders while diluting procedural safeguards that were previously available under judicial oversight.
The Bench was also informed that the repeal and saving clause under the Tenancy Act, 2025 does not adequately safeguard ongoing litigation. Senior Advocate Sharma submitted that proceedings currently pending due to interim orders passed in CM Sharma v. State of JK, which involves a challenge to the earlier Jammu and Kashmir Residential and Commercial Tenancy Act, 2012, are exposed to legal uncertainty under the new enactment.
During the proceedings, Nirmal Kotwal, President of the Jammu and Kashmir High Court Bar Association, Jammu, sought to intervene and requested the Court to defer the hearing. He informed the Bench that a detailed representation highlighting concerns over the Tenancy Act was pending consideration before the government.
The Court, however, observed that a Public Interest Litigation is non-adversarial in nature and is intended to assist the Court in examining matters of public importance. In that context, the Bench declined to defer the proceedings at this stage and proceeded to hear preliminary submissions on the merits of the challenge.
After considering the initial arguments, the Court directed the Union Territory administration to file its response. The matter has been listed for further hearing on December 22.
Senior Advocate Vikram Sharma was assisted by Advocates Pravesh Salaria and Sachin Dev Singh in representing the petitioners.
