Division Bench rejects challenge to S.O. 144 of 2022, affirming constitutional validity of appointing additional officers beyond District Magistrate for eviction orders in migrant property disputes
In a significant ruling delivered on September 7, 2026, the Jammu & Kashmir and Ladakh High Court (Division Bench, Srinagar) upheld the constitutional validity of Notification No. S.O. 144 of 2022 issued by the Government of Jammu & Kashmir. The notification, issued under Section 2(b) of the Jammu & Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 ("the Act of 1997"), designated additional Revenue Officers as Competent Authorities empowered to issue eviction orders and notices concerning migrant immovable properties within their jurisdictions.
The petition challenging the vires of S.O. 144 of 2022 was filed by Bal Krishan Pandita, who questioned the legality of empowering officers other than the District Magistrate to act as Competent Authorities under the Act. The Division Bench, comprising Acting Chief Justice Sanjeev Kumar and Justice Mohd Yousuf Wani, heard submissions from the petitioner's counsel and examined the statutory provisions and government notification closely.
The Court analyzed Section 2(b) of the Act of 1997, which defines "Competent Authority" as "the District Magistrate of the area and includes such other officer of the area as the Government may appoint for an area." The judges observed that the plain language of the provision clearly empowers the government to appoint officers other than the District Magistrate to exercise the powers envisaged under the Act, including eviction proceedings relating to migrant properties.
The Court further noted that the Government's decision to designate additional Revenue Officers as Competent Authorities was aimed at streamlining administrative functions and facilitating easier access to justice for migrants involved in property disputes within the region. The Division Bench found no constitutional infirmity or procedural irregularity in the issuance of S.O. 144 of 2022.
Consequently, the Court dismissed the petitioner's challenge to the notification, terming it "devoid of merit." The judgment emphasized the importance of enabling multiple authorities to ensure effective enforcement of the Act and protection of migrant property rights, especially in the sensitive context of Jammu & Kashmir.
While upholding the notification, the Court directed that other issues raised in the writ petition, which were not related to the validity of the notification, be heard by the learned Single Judge having the appropriate roster. The matter was listed for further proceedings on September 9, 2026.
This ruling reaffirms the government's authority to delegate powers under special property protection laws and strengthens administrative measures to safeguard the rights of migrants regarding their immovable properties in Jammu & Kashmir.
Bottom Line:
Notification issued by the Government of J&K under Section 2(b) of the Jammu & Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, designating additional Revenue Officers as Competent Authorities, upheld as constitutionally valid.
Statutory provision(s):
Jammu & Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 - Section 2(b)
Bal Krishan Pandita v. UT of J&K, (J&K and Ladakh)(DB)(Srinagar) : Law Finder Doc Id # 2980675
