Govt Empowered To Appoint Revenue Officers As Competent Authorities Under Migrant Property Act: J&K&L High Court

Update: 2026-09-17 06:10 GMT

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The High Court of Jammu & Kashmir and Ladakh has upheld the validity of Notification No. S.O. 144 of 2022 issued by the Government of J&K under clause (b) of Section 2 of the Jammu & Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, whereby certain Revenue Authorities were nominated as Competent Authorities to issue orders and notices for eviction in respect of migrant immovable property.

The Court held that the challenge to the vires of the notification was devoid of merit and rejected it.

The Court was hearing a writ petition filed by Bal Krishan Pandita challenging the vires of S.O. 144 of 2022. Because the petition involved a challenge to the constitutional validity of the notification, it was placed before the Division Bench.

The Division Bench comprising Justice Sanjeev Kumar and Justice Mohd Yousuf Wani, while rejecting the challenge, observed,

"The Government, in its wisdom, and with a view to streamline the functioning of the authorities under the Act of 1997, has designated two more Revenue Officers as the Competent Authorities to bring ease to the migrants having disputes with regard to the land situated in the valley. We find no infirmity, much less any constitutional invalidity, in S.O. 144 of 2022."

The Court further observed,

"From reading of Section 2(b) of the Act of 1997, it is abundantly clear that the Government has been empowered to appoint any officer of the area other than the District Magistrate of that area as the Competent Authority for exercising the powers contemplated under the Act of 1997, including the power of eviction in respect of migrant immovable property."

The petitioner had challenged the Notification whereby the Government nominated certain Revenue Authorities as Competent Authorities to issue requisite orders/notices for eviction in respect of migrant immovable property falling within their respective jurisdictions.

The High Court examined the scope of Section 2(b) of the Act of 1997 and observed that the provision clearly empowers the Government to appoint any officer of the area other than the District Magistrate of that area as the Competent Authority for exercising the powers contemplated under the Act, including the power of eviction in respect of migrant immovable property.

The Court, construing Section 2(b) of the Act of 1997, held that the provision unequivocally empowers the Government to appoint any officer of the area other than the District Magistrate thereof as the Competent Authority for the exercise of powers contemplated under the Act. This empowerment, the Bench clarified, extends to and includes the power of eviction in respect of migrant immovable property.

The Court noted that the Government, in its wisdom and with a view to streamline the functioning of the authorities under the Act of 1997, had designated two more Revenue Officers as the Competent Authorities to bring ease to the migrants having disputes with regard to land situated in the valley.

Accordingly, the Court observed, "We find no infirmity, much less any constitutional invalidity, in S.O. 144 of 2022. The challenge to the vires of S.O. 144 of 2022 is, therefore, without any basis and is, accordingly, rejected."

Having held so, the Court directed that the remaining issues raised in the writ petition are amenable to the jurisdiction of the learned Single Judge, and the petition was directed to be listed before the Single Judge having the roster. The matter was listed for 09.09.2026.