Law: Azad Jammu and Kashmir Land Reforms Act, 1960

Section: 25,25A

Law: Land Acquisition Act, 1894

Section: 39

(a) Azad Jammu and Kashmir Land Reforms Act (IV of 1960)--- ----S. 25---'Co-sharers' in Shamilat-e-deh---Scope---New occupancy tenants who had acquired the rights of ownership under the Land Reforms Act, 1960---Entitlement---Only the old owners were entitled in the old Shamilat-e-deh land according to their proportionate shares in the holding---New owners, who acquired the proprietary rights under the Land Reforms Act, 1960 were not co-sharers in the old Shamilat-e-deh land, however, any person who had purchased a land from an old owner with share of Shamilat-e-deh land, definitely would be entitled for the Shamilat-e-deh land according to his proportionate share of the purchased land. (b) Azad Jammu and Kashmir Land Reforms Act (IV of 1960)--- ----S. 25-A since declared repugnant to Injunctions of Islam---'Co-sharers' in Shamilat-e-deh---After S. 25-A of the Land Reforms Act, 1960 was declared repugnant to Injunctions of Islam, new owners, who acquired proprietary rights under the Land Reforms Act, 1960 were held to be not co-sharers in the old Shamilat-e-deh land---High Court (AJ&K) declared that when S. 25-A of the Land Reforms Act, 1960 was no more a part of the statute book, then any entry made in pursuance of that law in the revenue record shall be deemed to be null and void---Writ petition was allowed accordingly. Said Akbar and 11 others v. Muhammad Shakoor and 2 others 2017 SCR 108 and Azad Government through Advocate General v. Raja Waleed Khan Civil Appeal No. 30/1991, decision date: 12.11.1992 ref. (c) Land Revenue Act (XVII of 1967)--- ----S. 39---Entries in the revenue record---Scope---Such enteries themselves did not confer any right of ownership, when the same were found contrary to law having no statutory backing. THIS JUDGMENT DELIVERED BY: MOHAMMAD SHERAZ KAYANI, JUSTICE:---.--- Through the above captioned petition filed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, following reliefs have been implored by the petitioners:- "It is, therefore, most respectfully prayed that the writ petition may kindly be accepted and the impugned order be set aside declaring it as void ab initio order, with costs. 2. Any…

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