Law: Land Acquisition Act, 1894

Section: 4,23

Law: Land Acquisition Act, 1894

Section: 4,23

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44,42,14

(a) Land Acquisition Act (I of 1894)-------Ss. 4 & 23---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Ss.44 & 42---Allotment of plot in lieu of acquired land---Non-delivery of possession of such allotted plot---Order of High Court directing authority to deliver possession of allotted plot to petitioner and if its delivery was not possible, then Authority would be bound to adjust him by allotting an alternate land---Validity---According to S.14 of Azad Jammu and Kashmir Interim Constitution Act, 1974, no person could be deprived of his property save in accordance with law---According to Land Acquisition Act, 1894, owner in lieu of his acquired property would be entitled to get compensation thereof as per its market value prevailing at time of its acquisition and he could not be forced to agree to alternate adjustment of property---Owner of a property out of his free will or by negotiation could agree for its exchange or alternate adjustment, but law did not prohibit such adjustment---Petitioners did not agree with alternate adjustment/ exchange of property---Supreme Court modified impugned order by directing authority that if delivery of possession of allotted plot was not possible, then petitioner would be paid adequate compensation determined according to law. (b) Land Acquisition Act (I of 1894)--- ----S. 23---Compensation of acquired property---Connotation---Such compensation would mean market value of property prevailing at time of its acquisition/bringing in use for public purpose. Liaqat Ali Khan, Advocate for Appellants. Respondents: Ex parte. Date of hearing: 19th November, 2012. JUDGMENT CH. MUHAMMAD IBRAHIM ZIA, J.--- The captioned appeal with the leave of the Court is filed against the judgment of the High Court dated 31-12-2011 whereby writ petition filed by the appellants has been accepted to the extent that the respondents are duty bound to deliver possession of the disputed Plot No.27-A, sub-sector D/3 (West-1), Mirpur to the legal heirs of allottee and if delivery of possession is not possible, the respondents are duty bound to adjust the legal heirs of allottee by allotting them an alternate plot. 2. Necessary facts…

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