Law:

Section:

Mansoor Pervaiz Khan for Appellant. Raja Hassan Akhtar for Respondent No.1. Land Acquisition Act (I of 1894)---.--- ---.---S. 18---.---Azad Jammu and Kashmir Grant of Khalsa Land (Ground Rent and Lease) Rules, 1985, R. 7---.---Azad Jammu and Kashmir Supreme Court Rules, 1978, O. XLIII, Rr. 5 & 6---.---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 42-A---.---Lease of land---.---Cancellation---.---Land acquisition---.---Reference to court---.---Order without summoning of necessary party---.---Effect---.---Inherent powers of Supreme Court, exercise of---.---Scope---.---Lease of suit land was sanctioned in favour of applicant-lease-holder which was later on acquired for public purpose---.---Applicant-lease-holder moved application for referring the matter to the Referee Judge whereby he requested for payment and enhancement of compensation which was partly accepted---.---Validity---.---Lease holder was not owner of suit land and he had no right to claim compensation---.---Findings recorded by Referee Judge were against the statutory provisions---.---No notice was served upon the government who was owner of land in question---.---Judgment was passed against the government without affording an opportunity of hearing---.---Referee Judge had conducted proceedings against law---.---Referee Judge was bound to serve a notice upon government who was party in the line of respondents---.---Decree in favour of lease holder was nullity in the eye of law---.---Supreme Court could exercise inherent powers for doing complete justice without appeal by the government in the present circumstances---.---Lease holder had filed an undertaking that he would surrender the suit land in favour of government if it was required for a "public purpose"---.---Applicant-lease holder was not an aggrieved person to maintain a reference application---.---Reference application was not competent and decision/decree passed by the Referee Judge was nullity in the eye of law---.---Appeal was disposed of in circumstances. Mujahid Hussain Naqvi v. Director/Deputy Director Anti-Corruption and 4 others 2001 YLR 2642 and Ehtesab Bureau v. Rashid Ahmed Katal and 4 others 2011 SCR 512…

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