Law: Land Acquisition Act, 1894

Section: 23

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

(a) Land Acquisition Act (I of 1894)--- ----S. 23---Acquisition-Evacuee Property---Allotment of land without putting the allottees (petitioners) into possession---Petitioners having no proprietary rights and possession of acquired land---Compensation, grant of---Entitlement---Right to hold and possess property was a fundamental right of all the state subjects---Nobody could be deprived of his property without compensation---No authority could be allowed to snatch the property of any person without due process of law---Petitioners, at the relevant time, were not complete owners of suit land and were not entitled to any compensation---If, in due course of time, petitioners succeeded to get proprietary rights of the property in question then they would be at liberty to file fresh petition for requisite relief---Writ petition, at present stage, was premature---Petitioners could apply for grant of proprietary rights to the Custodian of Evacuee Property---High Court could not pre-empt the Custodian to discharge his functions---Petitioners had an alternate remedy with them---Relief could be granted to the petitioners on the basis of allotment order only which was issued without putting the petitioners into possession---Petitioners in absence of any proprietary rights could not be declared as owners of suit land---Writ petition was dismissed, in circumstances. Nizam Din and others v. Azad Government and others 2017 MLD 299 distinguished. (b) Administration of justice--- ----When an act was prescribed by law to be done in a particular manner, it should be done in that manner or not at all. THIS JUDGMENT DELIVERED BY: MUHAMMAD SHERAZ KIANI, J.--- The captioned writ petition has been filed under Article 44 of Azad Jammu and Kashmir Interim Constitution, 1974, whereby, the following relief has been implored by the petitioners:- (i) Respondents may graciously be directed to process to acquire the petitioner's land according to law and rules situated at Naluchi/Gojra, District Muzaffarabad Khewat No.15 bearing survey No. (previously 35) presently 76 measuring 19 marlas, and khewat No.45, comprising survey No. (previously 17) presently 82 measuring 3 kanal 5 marlas totally 4…

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