SRINAGAR: The Jammu and Kashmir High Court upheld the eviction order issued by the Financial Commissioner, removing an illegal occupant from a migrant property.
Live Law reported that court ruled that the petitioner could not have taken possession of the land without the migrant’s written consent, which must be given through the District Magistrate.
The court said that even if an agreement existed, it did not grant legal ownership or valid possession. The petitioner relied on an alleged sale agreement with the respondents. However, Justice Javed Iqbal Wani clarified that the Migrant Act, 1997 prohibits the sale of migrant property without prior government approval.
Since the petitioner took possession without written consent and official permission, the court deemed them an unauthorised occupant under Section 2(i) of the Migrant Act. It further explained that under Sections 54 and 138 of the J&K Transfer of Property Act, 1977, a sale is valid only if executed through a registered sale deed. The court concluded that an agreement to sell does not establish ownership, making the petitioner’s claim invalid.
The petitioner had challenged the order passed by the Financial Commissioner, which upheld an eviction order issued by the District Magistrate, Pulwama. Respondent No. 5, Kamla Devi, filed an application under the JK Migrant Immovable Property (Preservation, Protection, and Restraint on Distress Sales) Act, 1997, seeking eviction of the petitioner from 11 kanals and 3.5 marlas of land. She claimed she was a migrant and that the petitioner had illegally encroached upon her land.
