Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 52(A)

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 52(A)

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------Ss. 52-A(5) & 42---Transfer of land---Appellants submitted application before the Prime Minister claiming that they were owners of land which adjoined to Forest Land and that they wanted to exchange same with Forest Land---Prime Minister issued direction for process of the case and after some process allowed the exchange prayed for---Respondents who were permanent residents and the owners of land in the same village, challenged propriety of said order of the Prime Minister in writ petition and High Court granted writ prayed for---Validity---Under provisions of S.52-A(5) of Azad Jammu and Kashmir Interim Constitution Act, 1974, transfer of land by the Government or the Council would be regulated by law---Government or other Public Authorities had no discretion to distribute the State property as charity---Appellants had failed to refer any other provision of law empowering the Government to transfer the land to private person---Government, without making law according to spirit of S.52-A(5) of Azad Jammu and Kashmir Interim Constitution Act, 1974, could not transfer the State land to any person or exchange the same. (b) Azad Jammu and Kashmir Land Acquisition Rules, 1994--- ----Rr. 14, 15 & 16---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.52-A(5)---Transfer of acquired land---Government, under Azad Jammu and Kashmir Land Acquisition Rules, 1994, was only empowered to transfer the acquired land to such legal person for whom it was empowered to acquire the land---Once the land was acquired by the Government for public purpose, or for company or industry, it could not be utilized against the public interest; or for the individual's benefit---First condition was that the acquired land could only be used for the purpose it was acquired; land could not be acquired for any individual's personal interest or benefit---If the land was acquired for a company, the company could not sell the same without express approval of the Government, such condition was laid down with spirit that public interest was supreme---Government would have to watch the interest of public---If…

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