Case Details

Citation(s)
1993 SLD 853 = 1993 CLC 1529
High Court (AJ&K)
Writ Petition No. 50 of 1991, decided on 5th March, 1992.
Presented By: Before Muhammad Riaz Akhtar Chaudhary, J
Mirza Hidayatullah for Petitioner. Muhammad Riaz Inqalabi for
Respondents Nos, l to 3 Muhammad Younus Surakhvi for
Respondent No.4 Ch. Muhammad Taj for
Respondent No.5

MUHAMMAD AZAD ---Petitioner

VERSUS

CHAIRMAN,    MUNICIPAL  COMMITTEE,    MIRPUR and 4 others---Respondents

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

  Mirpur Municipal Committee Regulations for Development and Disposal of Plots/Estates, 1985--- ----Para. 2 (b)---"Awkward land"---Connotation---"Awkward land" means a piece of land adjoining to any plot or farm which could not be formed into a separate plot or farm and could only be utilized by merging the same into the adjoining plot farm.--[Words and phrases]. Mirpur    Municipal    Committee    Regulations    for Development and Disposal of Plots/Estates, 1985--- ---Para. 16---Application for allotment of awakward piece of land---Land in question, having been converted into two plots (one of which was allotted to petitioner) and such land not adjoining piece of any land allotted to petitioner could not be termed as awkward piece of land---Land in question, being not an awkward piece of land; application of petitioner for allotment of such land as an awkward plot was rightly not considered---Authority had no mandatory or binding obligation to regularise each and every encroachment---Petitioner even if deemed to be in possession of land in question, had no vested right to get regularization of the whole land. Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Constitutional jurisdiction, exercise of---Constitutional jurisdiction of High Court could only be invoked when any legal right had been infringed or was about to be infringed or a legal wrong had been inflicted or was about to be inflicted---Neither any legal right of petitioner having been infringed nor wrong having been inflicted on Mirza Hidayatullah for Petitioner. Muhammad Riaz Inqalabi for Respondents Nos, l to 3 Muhammad Younus Surakhvi for Respondent No.4 Ch. Muhammad Taj for Respondent No.5   Date of hearing: 17th February 1992. JUDGMENT Through this writ petition, the petitioner has called in question the order of the allotment of Plot No.342-D, situated in Sector C-3, Mirpur in favour of non-petitioner No 4 The brief facts giving rise to the instant writ petition as stated in the writ petition, are that the Plots Nos.342-D and 342-E, measuring 65 and 54 feel were under the…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register