Law: Gilgit-Baltistan (Empowerment and Self Governance) Order, 2009

Section: 71(2),86(2)

Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009--- ----Arts. 71(2) & 86(2)---Writ jurisdiction of Chief Court---Scope---Chief Court could not pass any order in favour of a person where complicated question of law and facts were involved and only Civil Court had jurisdiction over the matter where both the parties would be at liberty to adduce pro and contra evidence---Writ jurisdiction of Chief Court could be invoked against an 'established right' and not for establishment of a right---Fundamental Rights should not be treated lightly or presumed to be interfered with in a casual manner except when there was a State emergency---Court was not to force the executive authorities to continue or discontinue a policy when same was not good enough for future---Government had right to lay down a policy and enforce the same---Chief Court could not sit in appeal with regard to a policy matter nor substitute the policy decision of the Government unless and until same was against law, arbitrary or unreasonable. THIS JUDGMENT DELIVERED BY: MALIK HAQ NAWAZ, J.--- The petitioners by means of instant writ petition seeks directions of this Court to the respondents to make payment of the compensation, on account of damages of their properties. The contentions raised in the writ petition are that a committee was constituted to assess the damages. The so constituted committee assessed the damages and forwarded its recommendation to the respondents but since years, there is no response from the respondent side. It has further been agitated in the writ petition that another assessment committee has been constituted under the headship of Secretary Finance on the direction of Chief Secretary to re-assess the damages but secretary Finance is taking any interest in the proceedings. Lastly it is prayed that the respondents be directed to pay the compensation amount as approved by Central Assessment Committee with the markup w.e.f. 26-05-2010 to till date as the compensation has been paid to the blue eyed persons and denied to the petitioners is a discriminatory treatment, which is not permissible under law. 2. The learned Assistant Advocate-General submitted that the…

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