Law:

Section:

Azad Jammu and Kashmir Land Acquisition Rules, 1993--- ----Rr. 14 & 15---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44---Writ petition before High Court---Ejectment from the land acquired by the department---Scope---Contention of petitioners was that they were entitled for taking back the land which was surplus and had not been utilized---Writ petition was dismissed by the High Court---Validity---Land was acquired by the Government but same was not utilized and remained surpluss were in possession of the said land as Ghair Moroos---Government was at liberty to utilize the land, which was acquired for public purpose and after fulfilling the same the land remained surplus and unutilized, for other public purpose for approved scheme---Mere mentioning that Government wanted to utilize the said land for another public purpose was not sufficient---Mutation was attested in favour of Government and possession of land was entered as that of WAPDAs who moved an application for ejectment of petitioners were unconcerned persons---Only WAPDA could apply for dispossession of petitioners---No unconcerned person had right to file an application for ejectment of a person who was in possession of land---High Court had correctly observed that only WAPDA could apply for dispossession from the land in question---Previous owners of acquired land had right to remain in possession if same was not utilized---Findings recorded by the High Court that possession of petitioners was illegal needed consideration---Writ petition was remanded to the High Court for decision afresh on merit---Appeal was accepted with the observation that possession of petitioners should not be disturbed till disposal of writ petition by the High Court. Sajida Maqsood v. Azad Government and others 2013 SCR 461; and Ghulam Rasool and another v. Said Ahmad and others 2012 CLC 1665 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD AZAM KHAN, CHIEF JUSTICE:-- -.---- The titled appeal by leave of the Court arises out of the judgment of the High Court dated 9th May, 2012, whereby W.P. No. 228 of 2006 has been dismissed in limine. 2. Necessary facts for disposal of the appeal are that the appellants…

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