| Case ID |
de7f7908-9cdb-45e6-acca-c6639d27289a |
| Body |
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| Case Number |
W.P. No. 21 of 2002 |
| Decision Date |
Dec 26, 2003 |
| Hearing Date |
Dec 26, 2003 |
| Decision |
The Court directed the respondents to refrain from interfering with the petitioners' construction on their allotted plots. The action of the Municipal Committee in stopping the construction was deemed unlawful as the petitioners held valid allotments from the Pearl Development Authority. The Court emphasized that under the special law governing public housing schemes, the Municipal Corporation lacked jurisdiction to impose restrictions on the petitioners' construction activities. The decision reinforced the principle that where special legislation exists, it prevails over general legislation regarding the same subject matter. The petitioners were allowed to proceed with their construction, affirming their rights under the law. |
| Summary |
This case revolves around the legal dispute between the petitioners, Muhammad Atif Khan and another, and the Administrator of Baldia, concerning the construction of homes on plots D-3 and D-4 in Rawalakot. The petitioners claimed their rights under the Pearl Development Authority Act, 1993, which governs public housing schemes in the region. The respondents argued that they were entitled to stop the construction under the Azad Jammu and Kashmir Local Government Ordinance, 1984. The Court ultimately ruled in favor of the petitioners, establishing that the construction was lawful and that the authority of the Municipal Corporation to intervene was not applicable due to the existence of the special law. This case highlights important aspects of property rights, local government authority, and the hierarchy of laws, emphasizing that special laws take precedence over general ones in matters of jurisdiction related to public housing schemes. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Nawaz Khan
|
| Lawyers |
Sardar Muhammad Sadiq Khan,
Sardar M. Suleman Khan
|
| Petitioners |
,
MUHAMMAD ATIF KHAN
|
| Respondents |
,
ADMINISTRATOR BALDIA (SDM/AC) RAWALAKOT
|
| Citations |
2004 SLD 3683,
2004 PLJ 26
|
| Other Citations |
2000 SCR 547,
2001 SCR 263
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Azad Jammu and Kashmir Local Government Ordinance, 1984,
Pearl Development Authority Act, 1993
|
| Sections |
1,
3,
31(2)
|