Law: Land Acquisition Act (I of 1894)

Section: 4,18

(a) Land Acquisition Act (I of 1894) -Ss. 4 & 18---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44--- Writ petition--- Maintainability---Alternate remedy---Land acquisition---Compensation, determination of---Scope---Contention of petitioner was that compensation of shops was not assessed while issuing the award---High Court dismissed the writ petition on the ground that alternate remedy of reference was available---Validity---Whether shops were constructed prior to the issuance of notification under S. 4 of Land Acquisition Act, 1894 or after issuance of the said notification was a disputed question of fact---Disputed question of fact which needed inquiry could not be resolved in writ jurisdiction---Where alternate remedy was also efficacious then writ petition was not maintainable---Land owners challenged the award on the ground that compensation for the shops had not been paid to them---Compensation could be claimed by the interested persons under S. 18 of Land Acquisition Act, 1894---Reference could be filed for determination of Court with regard to measurement of land; amount of compensation; person to whom it was payable or apportionment of the compensation amongst the persons interested---Question raised before the High Court was with regard to non-payment of compensation of the shops built over the land acquired---Petitioners could successfully challenge the award under S. 18 of Land Acquisition Act, 1894 for payment of compensation---High Court had correctly dismissed the writ petition---Petitioners would be at liberty to move the authorities for conducting inquiry into the matter whether shops were constructed in the land prior to the issuance of notification under S.4 of Land Acquisition Act, 1894 and if proved then compensation be paid to them accordingly---Appeal was dismissed in circumstances. Zaffar Umar Khan and another v. Agricultural Development Bank and 5 others 1996 SCR 321 and Nusrat Bibi v. SHO and another 2011 MLD 223 rel. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Writ jurisdiction of High Court---Scope---Disputed question of facts could not be resolved in writ jurisdiction.…