SRINAGAR, SEPT 23: A migrant landowner has alleged violation of court directions concerning maintenance of status quo at her property in Ahmad Nagar, Soura, claiming that the opposite party entered the disputed land and erected a tent despite ongoing legal proceedings.
The property belongs to Shakuntala Jalali Bhan and is presently subject to proceedings before the High Court of Jammu & Kashmir and Ladakh in WP(C) No. 1373/2023, titled Shakuntala Bhan versus UT of J&K and others.
According to the family, the landowner’s attorney visited the property after learning about the alleged activity and subsequently approached the concerned police station, where an FIR was registered in connection with the alleged entry and erection of the tent.
Speaking to news agency JKNS, Bhan questioned how the opposite party could enter the disputed property when, according to her, the court directions require status quo to be maintained at the site.
“As per the court order, no one from either side can go to the spot of the land. Then how can the opposite party go there and even set up a tent?” she said.
Documents available with JKNS show that the High Court, in an order dated February 7, 2024, directed the Deputy Commissioner, Srinagar, and Commissioner, Srinagar Municipal Corporation (SMC) to ensure that status quo was maintained with regard to the property.
The dispute relates to protection of the property under the J&K Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, which provides a legal framework for preservation and protection of immovable properties belonging to migrants.
Earlier, the Deputy Commissioner, Srinagar, through an order dated June 7, 2023, had directed protection of the petitioners’ land under the provisions of the J&K Migrant Immovable Property Act, 1997.
Similarly, an order issued on June 5, 2023, by the Joint Commissioner Agrarian (Additional Deputy Commissioner), Srinagar, directed the concerned Tehsildar to maintain status quo both in the revenue records and on the spot and refrain from issuing any revenue document concerning the disputed land/property until further orders.
The latest allegations have brought the implementation of the existing status quo directions into focus, with the landowner’s family seeking action over the alleged violation. The matter remains subject to the ongoing proceedings before the High Court.
