Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Law: Land Acquisition Act, 1894

Section: 6

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Art. 44---Land Acquisition Act (I of 1894), S. 6---Declaration that land was required for a public purpose---Scope---Government department got awarded certain land for construction of residential accommodation of the Government officials---Petitioner alleged that the land in his ownership and possession was dedicated for shrine/religious purpose and approached the Prime Minister, whereupon, the Prime Minister directed the concerned department to issue notification for de-award---Approval of the Prime Minister was not implemented by the respondents, as such, petitioner approached the High Court for implementation of the approval---Validity---Only those approvals/ directives of the Chief Executive could be implemented which were in line with the law, rendered on a duly processed file---Disputed land was situated at a place where the approach had been proposed and due to de-award of the land, the scheme/plan of whole project would be destroyed---Respondents were directed to carry out the plan and complete the same within the stipulated period---Writ petition was dismissed. 2021 SCR 665; 2012 YLR 1580; 2019 SCR 703 and 2001 YLR 3367 ref. 2010 PLC (C.S.) 1195 and 2014 SCR 298 rel. (b) Land Acquisition Act (I of 1894)--- ----S. 6---Declaration that land is required for a public purpose---Scope---Prerogative of the acquiring agency to acquire any land subject to reasonable compensation or de-award the same, if the same is not required for the proposed project or has become surplus. JUDGMENT SARDAR LIAQAT HUSSAIN, J.---The captioned writ petition has been filed under Article 44 of the Azad Jammu and Kashmir Interim Constitution, 1974, whereby, the petitioner has implored the following relief:- It is, therefore, most respectfully submitted that a writ of mandamus/directing respondents that while implementing the orders of the Prime Minister dated 30.10.2013 and 20.08.2014, the land comprising survey No.399 measuring 2 kanals 10 marlas, No.399/1 measuring 01 kanal 18 marlas, No.402 measuring 02 kanals 16 marlas, No.402/1 measuring 15 marlas may kindly be excluded from the award No.01/2012, 02/2012…

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