Law:

Section:

(a) Mirpur Municipal Committee/Corporation Regulations for Development and Disposal of Plots/Estates Rules, 1985--- ---R.16---Azad Jammu and Kashmir Local Government Act, 1990, S.77-- Allotment of plots by Chairman, Municipal Committee/Corporation -- Cancellation of such allotment ---Validity---Mirpur Development Authority Act, 1974, S.48-A---Allotment of Land Committee, Act, 1964---Allotments of plot made by the Chairman. Municipal Committee/Mayor, Municipal Corporation in derogation of the relevant law and rules were made by an authority which was not legally competent---Allotments were thus obtained by allottees through unlawful means from authority having no jurisdiction---Such allotments created no tangible rights in favour of allottees-- Government under S.77, Azad Jammu and Kashmir Local Government Act, 1990 had the power to take such remedial measures including cancellation of allotments. Bashir Ahmad Khan v. Custodian of Evacuee Property and another PLD 1992 SC (AJ&K) 49; Nawab Syed Raunaq Ali and others v. Chief Settlement Commissioner and others PLD 1973 SC 236 and Muhammad Rashid v. Azad Jammu and Kashmir Government and 20 others PLD 1987 SC (AJ&K) 60 ref (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Constitutional jurisdiction of High Court-- -Entitlement to invoke- Essentials ---Discretionry relief under the Constitutional jurisdiction of the High Court can only be claimed by a person if his claim is based on bona fides and he comes to the Court with clean hands and for enforcement of a legal right obtained by him in a lawful manner---Where the allotment of plots was made to the petitioners through unlawful means by an Authority having no jurisdiction, remedy under the Constitutional provision could not be availed by a person who wanted the perpetuation of injustice or retention of an ill-gotten gain Bashir Ahmad Khan v. Custodian of Evacuee Property and another PLD 1992 SC (AJ&K) 49 and Nawab Syed Raunaq Ali and others v. Chief Settlement Commissioner and others PLD 1973 SC 236 ref. (c) Maxim--- ---------- Audi alteram partem"---Application---Opportunity of being heard---For earning a right of…