Law:

Section:

Land Acquisition Act (I of 1894)--- ----Ss. 18 & 23---Land acquisition---Claim for financial loss---Scope---Contention of petitioners was that government acquired their land but no amount for the structure and financial loss was paid---Validity---Two Water Mills of petitioners were acquired by the government and compensation for the same had been paid---If petitioners had any grievance against the award then they could prefer Reference before the concerned Reference Court---Petitioners had alternate and efficacious remedy and writ petition was not maintainable---Writ petition was dismissed in limine. Ch. Muhammad Ismail v. Fazal Zada, Civil Judge, Lahore and 20 others PLD 1996 SC 246; Subah Sadiq and others v. Secretary and others 2011 YLR 2500 and Messrs Muhammad Ali and brothers v. Director General, L.D.A. and 3 others 2005 MLD 768 rel. THIS JUDGMENT DELIVERED BY: M. TABASSUM AFTAB ALVI, CHIEF JUSTICE:---.--- The captioned writ petition has been addressed under Section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, whereby, writ in the nature of mandamus is solicited against respondents regarding payment of financial loss of 15 years amounting to Rs.7,95,45,000/- and 09 months amounting to Rs.36,45,000/- to petitioners of disputed Water Mills. A further direction is also solicited regarding consideration of new commercial value of the aforesaid Water Mills. 2. The precise facts of the case are that petitioners are inhabitants of village Shorran, Tehsil and District Muzaffarabad, who claimed as owners khewat-dars in the said village. It is stated that two Water Mills (Ghrats) were under the ownership of petitioners upon Survey No. 51 situated in village Shoran, since the time of joint Kashmir Dogra Raj and the same were situated at a very valuable central point of the vicinity i.e. Ghari Habib-Ullah, Brarkot, Shoran and more than 50 villages of huge population were getting their corn, wheat and peppers used to be grinded from the aforesaid Water Mills. The Hydro Electric Project, called as Patriend Hydropower Project Muzaffarabad, acquired land across the Kunhar River Naluchi Shoran and surroundings areas. It is further claimed that…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492