Law:

Section:

Pakistan Administration of Evacuee Property Act (XII of 1957)--- ----S. 03---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44---Writ petition---Evacuee property---Acquisition of land---Scope---Evacuee land was allotted to the petitioner which was acquired by the government without payment of any compensation filed writ petition that land allotted to him was not acquired as per law---High Court directed the government to acquire the land according to law---Validity---Land which was reserved for religious purposes did not fall within the definition of "evacuee property" as religions and ideologies were boundaryless---Suit property was neither evacuee land available for allotment to any person nor it could be used for any other purpose---Land in question was permanently dedicated for temple---Government was directed not to utilize the evacuee property for any other purpose and same be kept vacant as dedicated for religious purpose---Custodian of Evacuee Property was creature of statutory law prescribing its powers and duties---Custodian of Evacuee Property could exercise the powers vested in him under the law---Order of Custodian of Evacuee Property with regard to allotment of evacuee property being without jurisdiction and against law was declared void and was recalled---Appeal was disposed of accordingly. Rehmatullah Khan and 3 others v. Azad Government and 13 others 2014 SCR 1385 and Holy Qur'an and Sannah of the Holy Prophet (P.B.U.H) rel. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD IBRAHIM ZIA, JUSTICE:---.--- This appeal by leave of the Court is directed against the judgment of the High Court dated 28.2.2014, whereby writ petition filed by the respondent has been accepted and the appellants, herein, are directed to acquire the land according to law. 2. The necessary facts forming the background of the appeal as stated are that an evacuee piece of land comprising survey No. 7 (old), 26 (new), measuring 2 kanal 2 marla, situate at village Domel, Tehsil and District Muzaffarabad, was allotted to respondent, herein, on 9.10.1956. It is alleged that after the allotment, the land in dispute remained in possession of the respondent for a certain…

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