SRINAGAR: The High Court of Jammu Kashmir and Ladakh has rejected a challenge to the constitutional validity of a 2022 government notification that designated additional Revenue authorities as competent authorities for matters concerning migrant immovable property.
The order was passed on September 7 by a Division Bench comprising Acting Chief Justice Sanjeev Kumar and Justice Mohd Yousuf Wani in a petition filed by Bal Krishan Pandita.
Pandita had challenged the validity of Government Notification No. S.O. 144 of 2022, issued under Section 2(b) of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997.
The notification nominated certain Revenue authorities as competent authorities to issue orders and notices for eviction concerning migrant immovable property within their respective jurisdictions.
The Bench held that the challenge to the notification “is devoid of merit” and found no constitutional infirmity in the government’s decision.
The court referred to Section 2(b) of the 1997 Act, which defines the competent authority as the district magistrate of the area and also permits the government to appoint another officer for an area.
The Bench observed that the provision expressly empowers the government to appoint an officer other than the district magistrate as the competent authority to exercise powers under the Act, including eviction in matters concerning migrant immovable property.
The court said the government had designated two additional Revenue officers as competent authorities to streamline the functioning of authorities under the Act and facilitate migrants dealing with disputes relating to land in the Valley.
Having rejected the challenge to the notification, the Division Bench held that the remaining issues raised in the petition could be considered by a Single Judge.
The case was accordingly directed to be listed before the Single Judge having the roster. It was scheduled for listing on September 9, 2026.
