Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42(d)

Azad Jammu and Kashmir Interim Constitution, 1974 (VIII of 1974)-- ----Art. 42(d)--Selection of site for construction of women university--Site selection committee--Issuance of notification--Writ petition--Dismissed--Change for site after report of consultant--Appeal--Matter was remanded by Apex Court--Dismissal of writ petition after post remand proceedings contempt application--Agreement between parties--Disposed of--Challenge to--Non-attraction of principle of estoppel--Through under review this Court remanded case to High Court only on ground that High Court decided writ petition without hearing counsel for respondents--Admittedly, on remand, petitioners appeared before High Court and filed written arguments and thereafter filed review petition against remand order--High Court in compliance of direction issued by this Court in under review has decided writ petition filed by petitioners and petitioners have challenged of High Court by filing petition for leave to appeal--We agree with stance taken by counsel for respondents that review petition has become infructuous--Matter of selection of site for construction of Women University Bagh had been finalized in light of of this Court delivereds filed writ petition for implementation of said , whereas, High Court instead of Issuing writ passed impugned totally in conflict with of this Courts were agreed on determination of suitability of different sites by consultant of HEC of Pakistan, therefore, after determining suitability by consultant/experts they cannot raise any objection--After subsequent agreement arrived at between parties in contempt matter plea of attraction of principle of estoppel on strength of previous agreement is no more available to petitioners--Determining feasibility of a site for construction of a building is the. job of experts and neither High Court in writ jurisdiction nor this Court in appeal could determine same, as many factors are involved in such matters--High Court has not committed any illegality while dismissing writ petition and no valid point for grant of leave is available in present case--Review petition was dismissed. [Pp. 90, 91 ,  93] A, B, C, D, E, F, G, H, I ,…

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