Law: Azad Jammu and Kashmir Mirpur Development Authority Ordinance, 1974

Section: 11

Law: Azad Jammu and Kashmir Mirpur Development Authority Ordinance, 1974

Section: 11

Law: General Clauses Act, 1897

Section: 21

Azad Jammu and Kashmir Mirpur Development Authority Ordinance, 1974-------S. 11---Transfer of plot---Creation of plot at the place where plot originally transferred, was situated---Plot was transferred in the name of appellant---Application filed by appellant for approval of Building Plan was not approved and it came to the knowledge of appellant that a new plot of different number had been created in place of plot transferred to him in the Sector---High Court dismissed writ petition applying the principle of estoppel on the ground that appellant in his application had admitted the factual position of making of a new plot---Appellant, however, in his application had not admitted the creation of new plot, he had only mentioned the alteration in the size of the plot---High Court had not correctly applied the principle of estoppel in the case---Impugned of High Court, was not maintainable---View point raised in the writ petition was of vital legal importance, which required detailed deliberation, which was possible after regular hearing of the parties---Authority under S.11 of Azad Jammu and Kashmir Mirpur Development Ordinance, 1974 could make alteration as per actual requirement, but no provision existed in the said Ordinance that Master Plan could be amended or varied---Authority could only modify the Master Plan by getting approval of the Government---Case was remanded to the High Court for decision after notice to the parties. Jamil Akhtar v. M.D.A. Mirpur through its Chairman and 4 others 1996 CLC 1464; Riaz Ahmed v. M.D.A. and 4 others 2000 YLR 2050; Residents of Hamidpur Colony Chakswari v. Mst. Fazeelat Begum and 5 others 2000 MLD 1305 and Walayat Begum v. Revising Authority MDA and 3 others 1999 MLD 1549 rel. JUDGMENT MUHAMMAD AZAM KHAN, C.J.--- The captioned appeal with the leave of the Court arises out of judgment of the High Court dated 27th November, 2008, whereby Writ Petition No.58 of 2004 has been dismissed in limine. 2. The appellant filed a writ petition in the High Court on 18th May, 2004 alleging, (herein that Plot No.5, situate in Sector D-4, West Block, Mirpur was allotted by the Allotment Committee of M.D.A. in the year 1988 to Muhammad…

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