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| Alleged grabbing of migrant property | | HC directs DC, SSP Anantnag to file status report | | EARLY TIMES REPORT
Jammu, June 24- Justice Virender Singh of J&K High Court Jammu Wing in a petition filed by Ved Lal Wali and others regarding their property, has issued notice returnable in the first week of July, 2009 and in the meanwhile directed Deputy Commissioner Anantnag and SSP Anantnag to file status report with regard to the existing position of the property in dispute. The Court also ordered that if any construction activity is going on the land in dispute against the provisions of the Act, the same shall not be allowed.
These directions were passed in a petition filed by Ved Lal Wali, BK Wali, MK Wali, BL Wali and RK Wali presently Sharika Nagar Gole Tala-Tillo Jammu against state of J&K through Revenue Department, DC Anantnag, SSP Anantnag, SHO Duroo, SHO Berinag, Krishna Wali, Mohan Lal Wali and Abdul Aziz Bhat resident of/o Berinag Tehsil Duroo District Anantnag Kashmir. In the petition, filed through Advocate Anil Sethi it has been submitted that the petitioners are owners of chunk of land and because of turmoil in Kashmir valley, they migrated to Jammu. The land, according to the petitioners, is to be protected in accordance with the provisions of J&K Migrants Immovable Property Preservation, Protection and Restrained on Distress Sales Act 1997 and DC Anantnag under the Act becomes the custodian of the land in dispute. The grievances of the petitioner are that Krishna Wali and Mohan Lal had executed power of attorney in favour of Abdul Aziz Bhat and it was alleged that on the basis of that power of attorney Bhat was grabbing the said property. The petitioners have also filed a civil suit for declaration, declaring the said power of attorney as null and void in which notice has already been issued to the respondents. Operation of the said power of attorney is stayed in the said civil suit. It is alleged in the petition that the official respondents are, in fact helping Krishna Wali, Mohan Lal and Abdul Aziz Bhat in particular Abdul Aziz Bhat, in grabbing the property of the petitioners left by them in Kashmir Valley despite the fact that they are supposed to honor and implement the provisions of the Act. After considering the facts of the case, Court issued notice to the respondents’ returnable within first week of July, 2009 and also directed DC and SSP Anantnag to file status report with regard to existing position of the property in dispute. JNF
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