| Citation(s) |
|---|
| 1992 SLG 1078 1992 SLD 1078 1992 CLC 2203 |
High Court (AJ&K)
Civil Appeal No. 9 of 1992, decided on 30th May, 1992. (On appeal from the order of the High Court dated 23-11-1991 in Writ Petition No. 9 of 1990)
SARDAR SAID MUHAMMAD KHAN, C.J. AND BASHARAT AHMED SHAIKH, J
Muhammad Azeem Dutt for Appellant. Mian Muhammad Saeed for
Respondents Nos.1 to 3. Ch. Muhammad Taj for
Respondent No. 4
Civil Appeal No. 9 of 1992, decided on 30th May, 1992. (On appeal from the order of the High Court dated 23-11-1991 in Writ Petition No. 9 of 1990)
SARDAR SAID MUHAMMAD KHAN, C.J. AND BASHARAT AHMED SHAIKH, J
Muhammad Azeem Dutt for Appellant. Mian Muhammad Saeed for
Respondents Nos.1 to 3. Ch. Muhammad Taj for
Respondent No. 4
MAOSOOD HUSSAIN
VS
CHAIRMAN, MUNICIPAL COMMITTEE, MIRPur and 3 others
Law:
Section:
(a) Mirpur Municipal Committee Regulations (For Development and Disposal of Plots/Estates) 1985--- ---- Regln. 2 (1) (b)---"Awkward piece" of land --- Connotation --- Only that piece of land could be regarded to be an "awkward piece" which could not be formed into a separate plot or farm and could only be utilised by merging it into the adjoining plot/farm --- Any piece of land which was capable of being made a plot or could be utilized as a separate plot could not be regarded as an "awkward piece" of land --- Chairman or the Municipal Committee thus had no power to dispose of such plot as an "awkward piece of land'---Condition precedent for a land to be an "awkward piece" was that same should be of such nature that it could not be converted into a plot/farm in view of its location or situation.---[Words and phrases] (b) Mirpur Municipal Committee Regulations (For Development and Disposal of Plots/Estate), 1985--- --- Reglns. 2(l)(b) & 16---"Awkward piece" of land --- Mode of disposal--"Awkward piece' of land could only be disposed of by the Municipal Committee concerned and not by its Chairman alone --- Chairman of Municipal Committee, however, could deal with "rejected area" and would be competent to regularise it if the same falls within R.16, Mirpur Municipal Committee Regulations---"Awkward piece" of land could not be regularised by the Chairman of Municipal Committee alone but Municipal Committee could regularise the same. (c) Azad Jammu and Kashmir Interim Constitution Act (VII of 1974)--- -----S. 44 --- Mirpur Municipal Committee Regulations (For Development and Disposal of Plots/Estates), 1985, Regln..2(l)(b) --- Constitutional jurisdiction Competency 4o invoke --- Right considered sufficient for maintaining Constitutional petition was not necessarily a right in strict juristic sense but it would be enough where person filing such petition had disclosed that he had a personal interest in the performance of legal duty which if not performed or performed in a manner not permitted by law would result in the loss of some personal benefit or advantage. (d) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ---- S. 44 --- Mirpur…
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