Law:

Section:

Azad Jammu and Kashmir Regularisation of Nautors and Grant of Khalsa Land (Amendment) Act, 1989--- ---S. 3(2)(4)---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---Fifty years lease of land for public purpose---Legality---Appeal to Supreme Court---Fifty years lease of land to Authority for public purpose had been challenged by appellants on ground that they were in continuous possession of land and that they were entitled to proprietary rights of land under their possession---Claim of appellants was rejected by High Court holding that share of each of appellants in their ownership was more than 15 Kanals, whereas a person who was in possession of land in dispute could be granted said land provided land owned by him was less than 8 Kanals---Such findings of High Court had neither been challenged by appellants in their grounds of appeal filed by them before Supreme Court nor it was argued by them that calculation of holding of land falling within their share was not correctly worked out ---Nautor which was likely to be required for any Government purpose or common village purpose, could not be regularised under provisions of S.3(4) of Azad Jammu and Kashmir Regularisation of Nautors and Grant of Khalsa Land (Amendment) Act, 1989---Land in dispute having been leased out to Development Authority for purpose of establishing green spots, claim of appellant was rightly rejected by High Court. Kh_ M- Aslam Habib, Advocate for Appellant, Raja Shiraz Kayani, Advocate-General for Respondent No. 1. Kh. Shahad Ahmed, Advocate for Respondent No.3. Date of hearing: 19th November, 1997. JUDGMENT   MUHAMMAD YUNUS SURAKHVI, J.- This appeal, with the leave of the Court, is directed against an order passed by the High Court of Azad Jammu and Kashmir on 17-7-1997, whereby the writ petition filed by the appellants, herein, was dismissed in limine. The precise facts, culminating into the present appeal, are that Azad Government of Jammu and Kashmir through a Notification dated 6-6-1997 leased out the land measuring 235 Kanals and 17 Marlas, comprising Survey Nos.338 and 339, situate in village Saran Dakhli Gann Chatter Tehsil and District Muzaffarbad to…