Law: Land Acquisition Act, 1894

Section: 4,48(1)

Law: Azad Jammu and Kashmir Land Acquisition Rules, 1994

Section: R.7

(a) Land Acquisition Act (I of 1894)--- ----Ss. 4 & 48(1)---Azad Jammu and Kashmir Land Acquisition Rules, 1994, R.7---Acquisition of land---Denotification or withdrawal from acquisition---Any piece of land, if not required earlier, but later on same was needed, then earlier denotification, would not be an embargo for subsequent acquisition proceedings---Earlier de-award, was also not an embargo on de novo acquisition---Land owner had failed to bring on record that she would become landless in case of acquisition of land in dispute---Acquisition proceedings, however, could not be stopped on the basis of such ground---Land acquisition proceedings were not a direct transaction between a willing vendor and a willing vendee; it was the will, choice and selection of the Government/Authority or company with regard to a land which stood paramount; and land owners had no right to hinder such will, choice and selection except the demand for reasonable compensation---Land in dispute which was awarded in favour of the Authority in the year 1978, could not be cancelled by Prime Minister on the application of land owner by passing orders that the land could be de-awarded. Muhammad Aslam and 27 others v. Azad Government of State Jammu Kashmir thorugh Chief Secretary Muzaffarabad and 9 others PLD 2012 H.C. (AJ&K) = 2012 CLD 675 and Administrator Municipal Committee, Kotli and another v. Muhammad Abdullah and 3 others 2001 YLR 3367 rel. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S.44---Civil Procedure Code (V of 1908), O. XXIII, R.1---Writ petition---Withdrawal with permission to file fresh writ petition---Scope---Counsel for the petitioner moved an application for withdrawal of writ petition, which application was opposed by State Counsel---Under provision of O.XXIII, Rule 1, C.P.C. a suit could be withdrawn on the ground of any formal defect or other sufficient ground---No formal defect was pointed out in the writ petition already filed on behalf of the petitioner---Before allowing withdrawal application, satisfaction of the court regarding formal defect or other sufficient ground was necessary---Writ petition was filed by the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492