Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

  Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-- ---S.                                             44---Constitutional petition---Maintainability---Authority                                                       whose orders are challenged in Constitutional petition is a necessary party---Failure to implead such Authority in Constitutional petition would render the petition as not maintainable. Raja Muhammad Hanif Khan for Petitioner. M. Nisar Mirza A.A.-G. for Respondents Nos.l and 4. Muhammad Hussain for Respondents Nos. 2 and 3 ORDER Through this writ petition, the validity of the order, of the Collector Land Acquisition, Poonch, dated 26-5-1984 and those of commissioner Revenue, dated 15-1-1986 and 20-4-1986, has been called in question. The brief fads giving rise to this writ petition are that the Land Acquisition Collector, Poonch, taking proceedings under the Azad Jammu and Kashmir Acquisition of Land (Housing and Development) Schemes Ordinance, acquired the land comprising survey Nos. 1235-min 1238-min, 1247/1, 1237-min, measuring 9 kanals 4 marlas, situate in village Chak Dhamni, Tehsil and District Rawalakot-Poonch, for the construction of Water Supply Scheme through his award dated 7-5-1984. In the said award, it was mentioned that the statement of the shares of the owners of the land is attached with it and that the owners of the land,   after proving their ownership, would be entitled to receive the compensation. After the making of the above award, the petitioner made an application on 23-5-1984 before the Land Acquisition Collector, District Poonch with the prayer that the land comprising survey No.1237- min being in her ownership and…