| Case ID |
14b55ce6-0090-4729-986c-9b4df3f5ef4c |
| Body |
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| Case Number |
Writ Petitions Nos. 2015, 175 and 2062 of 2012 |
| Decision Date |
Jun 24, 2014 |
| Hearing Date |
Nov 24, 2014 |
| Decision |
The High Court ruled in favor of the petitioners, declaring the impugned notification dated 13-12-2012 as unlawful and without legal authority. The Court emphasized that the land in question was previously vested in the Mirpur Development Authority and had been legally allotted to the petitioners. The decision highlighted the violation of natural justice principles, as the petitioners were not provided an opportunity to be heard before the cancellation of their allotments. The Court set aside the notification and accepted the writ petitions, reinforcing the principles of res judicata and estoppel in the context of finalized proceedings. |
| Summary |
This case revolves around the legality of land acquisition and allotment processes in Mirpur, Azad Jammu and Kashmir. The High Court addressed the issues of natural justice, specifically the principle of audi alteram partem, which mandates that all parties must be given a fair chance to present their case. The petitioners, who had been allotted plots by the Mirpur Development Authority, challenged a government notification that sought to de-award their land without due process. The Court's decision underscored the importance of adhering to legal procedures in property matters, emphasizing that state property should not be treated as charity. This ruling has significant implications for property rights and land management in the region, ensuring that affected parties are afforded their legal rights and due process. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Mirpur Development Authority,
Public Health Engineering Sub-Division
|
| Judges |
M. Tabassum Aftab Alvi
|
| Lawyers |
Raja Muhammad Hanif Khan,
Muhammad Yaqoob Khan Mughal,
Khurshid Anwar Mughal
|
| Petitioners |
Muhammad Iqbal,
Muhammad Ayub,
Muhammad Saleem,
Abdul Shakoor,
Javed Iqbal,
Muhammad Maroof,
Abdul Ghafoor Qureshi,
Raja Khizar Hayat
|
| Respondents |
Azad Government of the State of Jammu and Kashmir through Chief Secretary and others
|
| Citations |
2016 SLD 2093,
2016 YLR 45
|
| Other Citations |
Ghulam Rasool and another v. Said Ahmed and others 2012 CLC 1655,
Abdul Rasheed and 85 others v. Board of Trustees and 3 others 2008 SCR 817
|
| Laws Involved |
Azad Jammu and Kashmir Mirpur Development Authority Ordinance, 1974,
Land Acquisition Act (I of 1894),
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
|
| Sections |
15-A,
48,
44
|