Update on AIKS Civil Writ Petition in Supreme Court

Update on AIKS Civil Writ Petition in Supreme Court

The Civil Writ Petition filed by AIKS against Union of India & ANR No. 534 of 2006 came up for next hearing on 28th August 2015, AIKS was represented by Shri T. K. Ganju, Sr. Advocate and others.

The following points were discussed.

a) Distress Sale of Kashmiri Migrant Properties.

b) Progress on PM’s Package.

a) Distress Sale of Kashmiri Migrant Properties:

The Hon’ble Court desires to know whether any migrant has made any complaint to the District Magistrate or any other competent Authority regarding distress sale of their property in Jammu & Kashmir. It may be noted that under section 3of Jammu & Kashmir Migrant Immovable Property (Preservation, Protection & Restraint on Distress sales) Act 1997, no sale of migrant property can be made within J&K State except after obtaining previous permission of Revenue and Relief Minister or such officer as may be authorized by the Government on its behalf.

In order to enable AIKS to frame a suitable reply to the Hon’ble Supreme Court, it is necessary to know from our community members who had to sell their property under distress, whether on selling their property any such permission for sale was sought and if so, whether the relevant sale deeds were got registered in J&K or outside the State.

In the light of the above, willing community members may voluntarily provide details of properties after promulgation of the said Act in 1997 are requested to hand over the following information to the authorized representatives of AIKS as indicated hereunder latest by September 26, 2015:

  1. Details of such property sold.
  1. Details of sale documents (Power of attorney or otherwise) and whether any approval was obtained from the concerned Divisional Commissioner, (Prescribed Authority). Copy of sale document to be enclosed.
  1. Value at which the sale was made.
  1. It any application/appeal was submitted to the District Magistrate / Divisional Commissioner or Revenue/Relief Minister as per provision of J&K Migrants Immovable Property (Preservation, Protection and Restraint of Distress Sales) Act 1997 seeking redressal from the DM to declare the sale as illegal and reply received from the DM.
  1. If no complaint was made, whether the member is willing to make such complaint now, either on his/her own or through AIKS.

In view of the urgency, kindly send the required information by speed post / courier to:

  • All India Kashmiri Samaj, D 90, Sarojini Nagar, New Delhi 110023 or
  • Shri K. K. Khosa – Sr. Vice President AIKS
  • Shri A. K. Raina, Vice President AIKS
  • Shri Aryan Ramesh Secretary AIKS

C/o Kashyap Niwas, Ambphalla, Jammu Tawi, J&K – 180001

b) Progress on PM’s Package:

Hon’ble Supreme Court has sought information from the Govt. of J&K through their attorney about the current status on the package announced by Govt of India for the rehabilitation of migrants from J&K.

The Supreme Court has listed the matter for the next hearing on 30th October 2015.




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