| Case ID |
428efa0d-481c-4092-9fce-502da2cc78b7 |
| Body |
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| Case Number |
W.P. No. 282 of 2016 |
| Decision Date |
Nov 30, 2022 |
| Hearing Date |
Nov 30, 2022 |
| Decision |
The court accepted the writ petition and set aside the impugned notification dated 02.07.2015, restoring the notification dated 20.10.2007. The decision emphasized that the petitioner, a charity-based optical health unit, was not afforded an opportunity of hearing before the issuance of the notification, violating the principle of audi alteram partem. The court recognized the valuable rights accrued to the petitioner under the previous allotment and stressed the importance of the hospital's services to the public at large. The ruling highlighted that the government did not have the authority to cancel the allotment without due process of law. |
| Summary |
The case revolves around the writ petition filed by Al-Shifa Trust Hospital against the Azad Government of the State of Jammu & Kashmir regarding the cancellation of land allotment for hospital construction. The petitioner argued that the government issued a notification to reallocate the land without providing a hearing, infringing upon the rights established under an MOU. The court ruled in favor of the petitioner, emphasizing the necessity of due process and the hospital's charitable role in providing optical health services. This case highlights the legal principles surrounding administrative actions and the protection of rights for charitable organizations, underlining the importance of public health facilities. Keywords: charity organization, health services, administrative law, due process, legal rights, notification, land allotment. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Sardar Liaqat Hussain, J.
|
| Lawyers |
Raja Amjad Ali Khan, Advocate for Petitioner,
Ch. Muhammad Manzoor, AAG for Respondents
|
| Petitioners |
AL-SHIFA TRUST HOSPITAL AMBORE MUZAFFARABAD through Executive Director, Lt. Col (R) Mushtaq Ahmed
|
| Respondents |
AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR through Chief Secretary at Muzaffarabad and 5 others
|
| Citations |
2023 SLD 6841,
2023 PLJ 111
|
| Other Citations |
2005 SCR 186,
2016 SCR 1436
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act, 1974
|
| Sections |
44
|