Srinagar: The High Court of J&K and Ladakh Friday sought response of the Center and J&K government on a plea challenging the imposition of property tax as “unconstitutional” in Jammu and Kashmir.
Issuing notice on a petition filed by one Hanan Moumin Feroz Khan, a bench of Justice Vinod Chatterji Koul directed the Union of India through Secretary, Legislative Department, Ministry of Law and Justice, Secretary, Jammu, Kashmir and Ladakh Affairs Division, Ministry of Home Affairs, and J&K government through Principal Secretary, Housing and Urban Development Department to file their reply to the petition within four weeks.
The petitioner contends that enactment of Jammu and Kashmir Reorganisation Act, 2019 changed the constitutional status of J&K from a state to a Union Territory and hence ensued the process of “overhauling” the administrative and legislative structures of the erstwhile state.
Accordingly, he says, by virtue of Reorganisation Third Order, 2020 dated October 5, 2020, issued by MHA, Section 84 (1), Section 86, Section 88, Section 89, Section 90, Section 95, Section 132, Section 133 and Section 143A, of the Jammu and Kashmir Municipal Corporation Act, 2000 were substituted by repeal with the incorporation of few new substantive provisions and consequent notifications issued vide S O 49 dated February 12, 2021 and SO 86 dated February 21, 2023, by J&K government, whereof “Property Tax” was or is implemented within the Municipal Jurisdiction of Srinagar city.
The petitioner, a resident of Lal Bazar Srinagar, submits that the amendments or repeal carried out in the J&K Municipal Corporation Act, 2000 were violate of Article 14, 21, 246, 265, 300A, Schedule VII, Doctrine of Federalism.
Therefore, the petitioner has sought the court’s indulgence for the protection and enforcement of fundamental, constitutional, legal and statutory rights as vested by law and constitution in the matter of “occupation, possession, exercise and enjoyment” of his right to property.