SC stays contempt proceeding against Div-Com Kashmir in migrant property case

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The Supreme Court has stayed the Jammu and Kashmir High Court’s contempt proceedings against the Divisional Commissioner Kashmir, Pandurang Pole over his failure in implementing court orders.

Hearing a petition by the Union Territory of J-K, challenging the HC order, a two-judge Bench of the apex court has directed to maintain status quo over the matter till the next hearing on 7 July.

The HC had directed the Div Com to grant petitioners Poonam Mehra and Amla Sahana permissions under the J-K Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales Act, 1997) for the sale of their property.

The directions had come after the Div Com had instead of disposing the application within two weeks under the law, “initiated other independent enquiries which were not required in accordance of provisions of Act.”

J-K’s counsel in the case, Ardhendumauli Kumar Prasad, India Legal Live reported, has stated in the court that “to avoid distress sale from hands of Poonam and Amla, powers conferred u/s 3 of Jammu and Kashmir Migrant Immovable Property(Preservation, Protection and Restraint on Distress Sales Act, 1997) to issue permission for alienation of migrant property has to be exercised sparingly by prescribed authority, after evaluation of facts and evidences , reports being made by field functionaries in this behalf , and making necessary enquiry , unless the prescribed authority gets fully satisfied akin to confirmation of titles of respondents subject to property in question, permission cannot be granted”

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