ADCs/ACRs, SDMs, Tehsildars designated as competent authority
Srinagar, Apr 11: In a significant move, the administration of J&K Union Territory has empowered more officers to undertake the process of eviction of unauthorized occupants from migrant land.
In a notification, a copy of which is in possession of news agency, the Department of Revenue has designated Additional Deputy Commissioners/ Assistant Commissioners of DCs/ ACRs in the areas where SDMs are not posted/designated, Sub-Divisional Magistrates and Tehsildars as the competent authority to issue requisite orders/notices for eviction of migrant land, within their respective jurisdictions.
The powers have been delegated to them under clause (b) of section 2 of The Jammu and Kashmir Migrant Immoveable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997.
Under the provision, the competent Authority” means the District Magistrate of the area and includes such other officers of the area as the Government may appoint for an area.
So far, the powers to carry out the eviction process were only vested with DMs only.
The law enacted in 1997 empowers the competent authority to prepare the details of immovable property of migrants and take appropriate action to evict unauthorised occupant of such migrant property.
“The competent authority may take or cause to be taken such steps and use or cause to be used such force as may be, in its opinion necessary for eviction from or delivery of possession of immovable property under this Act,” reads the law—