| Case ID |
1ffee24f-127d-4c2c-9e20-88d90d9f9830 |
| Body |
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| Case Number |
C.A. Nos. 2, 3, 4 of 2022 |
| Decision Date |
Jul 26, 2022 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled against the illegal transfer of forest land to the Pearl Development Authority (PDA) for a housing scheme. The Court emphasized the importance of obtaining a no objection certificate from the Forest Department prior to any land transfer. It was determined that the land in question was forest land and could not be transferred without following the proper legal procedures. The Court directed that no further allotment of plots shall be made in the disputed area and affirmed the rights of the allottees who had already been granted plots. This ruling protects the environment and upholds the legal rights of the citizens involved. |
| Summary |
In this landmark case, the Supreme Court of Azad Jammu and Kashmir addressed the legality of land acquisition for a housing scheme at Chhota Gala. The core issue revolved around the failure to obtain necessary permissions from the Forest Department, which led to an illegal transfer of forest land to the Pearl Development Authority (PDA). The Court's decision highlighted the significance of adherence to legal protocols in land acquisition, particularly concerning environmental conservation and community rights. The judgment underscores the need for governmental bodies to respect statutory requirements, ensuring that land designated for public interest is protected from arbitrary decisions that disregard ecological balance. The ruling not only reinstates the rights of the allottees but also serves as a precedent for future cases involving land use and environmental law in Azad Jammu and Kashmir. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Government of Azad Jammu and Kashmir,
Forest Department,
Pearl Development Authority
|
| Judges |
KH. MUHAMMAD NASEEM,
RAZA ALI KHAN
|
| Lawyers |
Sardar Shamshad Hussain Khan,
Mr. Jahandad Khan Mughal,
Chaudhary Aqif-ud-Din,
Sardar Javed Nisar
|
| Petitioners |
others,
ILYAS JANDALVI
|
| Respondents |
others,
PEARL DEVELOPMENT AUTHORITY,
Chairman Rawalakot
|
| Citations |
2022 SLD 1796,
2022 PLJ 134
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Azad Jammu Kashmir Interim Constitution, 1974
|
| Sections |
Art. 42(10)
|