Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42(10)

Azad Jammu and Kashmir Interim Constitution, 1974-- ----Art. 42(10)--Acquisition of land with structure--Receiving of compensation of award--Issuance of notification for de-awarding of award--Letter for recovery of compensation amount--Acceptance of writ petition--Ingredients of Judgment--High Court has failed to resolve real controversy in view of divergent pleadings of parties and accepted writ petition without considering version of appellants herein--Judgment should be based on material available on record and reasons must be an outcome of said material and on basis of such reasons conclusion should be drawn but in impugned, , these ingredients are missing, therefore, same does not come within purview of a --After going through impugned we are of view that impugned does not come within purview of a , thus, same is not sustainable.    [P. 117] A, B ,  C PLD 2002 SC 84, 2008 SCR 406 and 2018 SCR 20 ref. JUDGMENT Kh. Muhammad Nasim, J.--The titled appeal by leave of the Court has arisen out of the judgment of the High Court dated 16.05.2019, whereby the writ petition filed by Respondent No. 1, herein, has been accepted. 2. The facts of the case briefly stated are that Respondent No. 1, herein, filed a writ petition in the High Court, alleging therein, that the Collector Land Acquisition City Development Project, Muzaffarabad/Appellant No. 1, herein, acquired some piece of the land of the respondents, herein, for extension of the Naluchi Bypass Road, bearing Survey No. 2843-min, measuring 1 marla 5 sarsai, along with the land bearing Survey No. 2844-min (ShamilatDeh), measuring 1 marla and 7 sarsai, situate at Gojra (Bala Peer), Tehsil and District Muzaffarabad and the compensation amount of Rs. 22,79,548/- was received by respondents in the light of Awards No. 12/2009, dated 05.11.2009 and 14/2009, dated 14.12.2009. The respondents/appellants, herein, after the passage of a long time initiated the proceedings for recovery of the compensation amount of Rs. 22,79,548/- against Respondent No. 1, herein, by declaring him as defaulter, hence he filed the writ petition before the High Court. In the writ petition, Respondent No. 1, herein, solicited…

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