12 May 2023 6:00 AM GMT
The Jammu and Kashmir and Ladakh High on Monday issued notices to the Union of India and the Govt of Jammu and Kashmir in a plea challenging the constitutionality of imposition of Property Tax in the UT.The petitioner, a domicile resident of the valley said Section 96 of the Jammu & Kashmir Reorganisation Act, 2019 which was invoked to issue the J&K Reorganisation (Adaptation of...
The Jammu and Kashmir and Ladakh High on Monday issued notices to the Union of India and the Govt of Jammu and Kashmir in a plea challenging the constitutionality of imposition of Property Tax in the UT.
The petitioner, a domicile resident of the valley said Section 96 of the Jammu & Kashmir Reorganisation Act, 2019 which was invoked to issue the J&K Reorganisation (Adaptation of State Laws) Third Order, 2020 and amend the J&K Municipal Corporation Act, 2000 for levy of property tax, suffers from the vice of excessive delegation. The plea filed through Advocate Taha Khalil states,
"The words “amendment” and “repeal” have been incorporated in the section implying the designation and devolvement of essential legislative functions upon executive limb of the Government. The power to amend and or repeal any existing law is a policy decision which, in a democratic setup, is only exercised through a body of elected representatives, therefore, the vesting of powers to amend and or repeal laws with the Executive authorities is a bizarre precedence of usurping the power, authority and jurisdiction of legislative assembly of Union Territory of Jammu & Kashmir."
The plea states that such excessive delegation violates Articles 14, 21, 246, 265, 300A, Schedule VII, Doctrine of Federalism and other express provisions of Constitution.
The petitioner further argues that imposition of property tax, without proper legislation and public consultation, violates Article 265 of the Constitution of India. The haste and malice on part of the UT government goes against established legislative practice, he adds.
Furthermore, it is contended that imposition of property tax on the petitioner is in violation of Article 300A of the Constitution, which guarantees the right to acquire and enjoy the property. The petitioner argues that the imposition of property tax deprives them of their right to the enjoyment of their property and, as a result, violates their right to life under Article 21 of the Constitution.
In view of the said grounds, the petitioner has urged the Court to quash the impugned orders and issue any other appropriate direction for protecting the constitutional provisions and the doctrine of federalism.
The matter is now listed on July 24th for further consideration.
Case Title: Hanan Moumin Feroz Khan Vs Union Of India.
Counsel For Petitioner: Mr Taha Khalil, Adv.
Click Here To Read/Download Order