Law:

Section:

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 52-A---Azad Jammu and Kashmir Land Acquisition Rules, 1994, R. 14---Land acquisition---Utilization of acquired land for another purpose---Effect---Land acquired for establishment of Sericulture Department was transferred to Health Department and Army Public School---High Court dismissed petition of land owners against transfer of land for some other purpose---Validity---Due process for transfer of acquired land had not been adopted by the authorities---Property acquired for public purpose would vest in the President of Azad Jammu and Kashmir and same could not be transferred without following the prescribed legal manner and mode---Process adopted for transfer of acquired land was not in accordance with law and same could not be given the legal cover---If land acquired for public purpose was utilized accordingly and some of land remained unutilized then same could be used for any other public purpose---Such public purpose should be reflected from an approved scheme of the government---If acquired land wholly or portion of it thereof remained unutilized then same should be reverted back to its original owner in due process of law---Government property could only be transferred by the Government in the manner regulated by law---Whole process of transfer of land in question had been conducted while bypassing the relevant provisions of law---Supreme Court observed that court being custodian of Constitution should look into such like illegalities---Transfer of acquired land was declared to be illegal having been made without lawful authority---If government desired to transfer the acquired land to Army Public School then at first it should be determined whether the land which was acquired for Sericulture Department was no more required for said department and whether the said land could be transferred to Army Public School, if so then Government might proceed with the matter in accordance with law---Judgment passed by the High Court was set aside---Appeal was accepted in circumstances. Azad Jammu and Kashmir Government and 4 others v. Mohi-ud-Din Islamic University and 2 others 2014 SCR 382;…

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