Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Art. 44---Writ petition---Maxim: Audi alteram partem---Scope---Petitioner, a charitable institution, was allotted 50 kanals of land by the respondent through an MOU (Memorandum of Understanding)---Respondent vide impugned notification allotted 25 kanals 14 marlas in favour of another party---Contention of respondent was that since the petitioner had failed to utilize/make construction over the allotted land in compliance of MOU, therefore, the same was taken back---Validity---MOU contained no provision/condition to the effect that the respondent would cancel the allotment of land or reduce the acreage of the land on any pretext rather it was mentioned that on closing of the project, the built up structure would be the property of the respondent---Valuable right accrued in favour of the petitioner could not be snatched/taken back on any pretext, except with due course of law---Impugned notification was also hit by the principle of audi alteram partem---Writ petition was accepted and the impugned notification was set aside. Chairman Pearl Development Authority v. Tariq Inqalabi and 7 others 2005 PLC (C.S.) 1074 and Taskeen Naz v. Fehmida Begum and 11 others 2016 PLC (C.S.) 1151 rel. (b) Administration of justice--- ----Nobody can be condemned unheard. Chairman Pearl Development Authority v. Tariq Inqalabi and 7 others 2005 PLC (C.S.) 1074 and Taskeen Naz v. Fehmida Begum and 11 others 2016 PLC (C.S.) 1151 rel. 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 humbly prayed that by allowing this petition appropriate writs to the following effect may kindly be issued:- i. Setting aside the impugned notification dated 02.07.2015 and restoring the notification dated 20.10.2007. ii. Prohibiting the respondents to proceed in any manner in future to disturb the grant of 50 kanals land to the petitioner vide notification dated 20.10.2007. iii. Any other relief to which the petitioners are entitled to may also be…

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