Law:

Section:

Land Acquisition Act (I of 1894)------S. 4 [as applicable in Azad Jammu and Kashmir]---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 4, Fundamental Rights Nos. 13 & 14---Constitutional petition---Entitlement to compensation for acquired land--­Construction of road on land of petitioners--Denial of compensation to petitioners on the ground that road was being constructed for public use out of Members Legislative Assembly Scheme, therefore, no compensation could be awarded to petitioners---Validity---Where for any construction work, any person was deprived from use of his property, Government was bound to pay him adequate compensation---Government could either acquire any land under provisions contained in Land Acquisition Act, 1894 or through negotiations--­Petitioners having not given their consent prior to construction of road or subsequently that they would not claim compensation from Government, no justification was available to Government to deprive them of fair compensation---Respondent's plea that land in question, having been included in Members Legislative Assembly Scheme/quota, no compensation could be granted to petitioner was in derogation of Fundamental Rights Nos.13 & 14, guaranteed by the Azad Jammu and Kashmir Constitution---Members Legislative Assembly of Azad Kashmir were supposed to take active part in the Legislation of law in the Assembly, however, if any alternate function had been given to Members Legislative Assembly even then under law of the land they could not deprive citizens of their rights guaranteed by the Constitution---Respondents were directed to arrange for their compensation to petitioners for their land brought under construction of road. ORDER This Constitutional petition is addressed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974. The case of the petitioners is that they are residents of village Chehr, Tehsil Rawalakote. The Highway Authorities have started construction of a Road from Chehr to Chouta-Gala. This road is passing over the land comprising Surveys Nos. 506, 507, 508, 524, 525, 527, 296, 618, 634, 638, 639 and 641 belonging to the petitioners. The…

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