| Case ID |
3872540e-3dad-4ddd-83a9-81c19b5e3f85 |
| Body |
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| Case Number |
Civil Appeal No. 89 of 2022 |
| Decision Date |
May 25, 2023 |
| Hearing Date |
May 25, 2023 |
| Decision |
The Supreme Court dismissed the appeal filed by Javed Iqbal against the High Court's judgment, which had dismissed his writ petition regarding the de-award of a plot of land acquired for the New City Mirpur. The Court found that the appellant had not utilized the legal remedies available in a timely manner, and thus, the principle of laches was applicable. The judgment of the High Court was upheld as being legal and perfect in all aspects, warranting no interference by the Supreme Court. The Court noted that the plot in question had been utilized for public purposes and no land was available for de-award. |
| Summary |
In the case of Javed Iqbal vs. Collector Land Acquisition, the Supreme Court of Azad Jammu and Kashmir dealt with the appeal concerning the dismissal of a writ petition regarding land acquisition for the New City Mirpur. The appellant, Javed Iqbal, contended that a portion of the land was unutilized and sought its de-award. The Supreme Court emphasized the importance of timely legal action and the principle of laches, ultimately affirming the High Court's decision. This case highlights key legal concepts around land acquisition, compensation, and the need for prompt legal recourse, making it significant for property law and administrative justice in the region. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Raja Saeed Akram Khan, C.J,
Kh. Muhammad Nasim,
Raza Ali Khan, JJ
|
| Lawyers |
Mr. Muhammad Saddique Chaudhary,
M/s. Javed Najam-us-Saqib,
Farooq Akbar Kiani,
Mrs. Nabeela Ayoub
|
| Petitioners |
JAVED IQBAL
|
| Respondents |
others,
COLLECTOR LAND ACQUISITION MANGLA DAM RAISING PROJECT MIRPUR
|
| Citations |
2024 SLD 4706,
2024 PLJ 46
|
| Other Citations |
2005 SCR 259,
2020 SCR 253
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act, 1974
|
| Sections |
42(10),
44
|