Law:

Section:

Azad Jammu , Kashmir Interim Constitution, 1974 (VIII of 1974)-- ----Art. 42(10)--Acquisition of land for purpose of housing scheme--Issuance of award--Transfer of land in name of PWD--Same land was transfer to Pearl Development Authority--Attestation of mutation--Cancellation of transfer notifications--Writ petitions filed by PDA were accepted while writ petitions filed by other allottees were dismissed--Non-obtaining of NOC from forest department--Disputed land was forest land--Direction to--Disputed land was forest land and not Khalsa land, its transfer without adopting proper procedure and obtaining NOC from Forest Department, was illegal--Observations of High Court in impugned that ‘the report of Committee is suggestive that land in question be given to PDA for its conservation and protection’, are result of misconception--High Court also fell in error of law while holding that principle of locus poenitentia is attracted in present case-- there was no occasion to provide an opportunity of hearing to PDA prior to issuance of notification--After allotments of plots valuable rights stood accrued in favour of allottees, hence, we are intended to direct Government to take steps for confining Housing Scheme, only to extent of plots allotted to respondent--Directions are to extent of plots allotted to respondent and no further allotment shall be made. [Pp. 150, 154 , 163] A, B, C, D, E , F JUDGMENT Kh. Muhammad Naseem, J.--Common factual and legal propositions are involved, in all the captioned appeals, by leave of the Court, hence, the same were heard together and being decided through the proposed consolidated judgment. 2. The facts of the case, as depicted from the record, are that on 30th of April, 1979, an Ordinance known as the Hill Station Housing Schemes Ordinance, 1979[1] was promulgated in Azad Jammu and Kashmir for establishment of Housing Schemes at Chhota Gala, Chikar and Dhirkot. Vide an award issued on 21.06.1979, the land measuring 301 kanal, 14 marla, was acquired for the purpose of Housing Scheme Chhota Gala. Vide notification dated 30.04.1979 a piece of crown land measuring 736 kanal, 18 marl a, was transferred in the name of Pubic Works…

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