Mon Feb 23 10:06:15 UTC 2026: ### Headline: J&K High Court Intervenes, Rebukes Authorities in Eviction Case Under Migrant Property Act

The Story:

The Jammu and Kashmir and Ladakh High Court has strongly criticized district authorities for their handling of an eviction case under the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997. A division bench, comprising Justices Sindhu Sharma and Shahzad Azeem, intervened to restore possession of a residential property in Srinagar to its owner after authorities allegedly locked the house during the eviction process. The court overturned a trial court’s decision to deny interim protection to the man facing eviction.

The High Court emphasized that statutory authorities cannot act as mere “rubber stamps” and must exercise independent judgment. The bench expressed shock that the authorities locked the house with all the household items, including schoolchildren’s books, while the case was still under consideration by the court.

Key Points:

  • J&K High Court intervened in an eviction case under the 1997 Migrant Immovable Property Act.
  • Authorities allegedly locked the house of a Srinagar man facing eviction.
  • The court overturned a trial court’s refusal to grant interim protection.
  • The High Court stated that statutory authorities cannot abdicate their duty or act as rubber stamps.
  • The eviction occurred while the High Court was hearing the case.

Key Takeaways:

  • The J&K High Court is actively scrutinizing the implementation of the 1997 Migrant Immovable Property Act.
  • The court is emphasizing the need for authorities to exercise due diligence and independent judgment in eviction cases.
  • The case highlights the potential for overreach and procedural lapses in the enforcement of the Act.
  • The High Court’s intervention underscores its commitment to protecting the rights of property owners.
  • The criticism of the authorities suggests a need for greater oversight and accountability in eviction processes.

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