AL SHIFA TRUST HOSPITAL AMBORE MUZAFFARABAD vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Chief Secretary Muzaffarabad art — 2023 MLD 727 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2023 MLD 727 HIGH-COURT-AZAD-KASHMIR
Year: 2023
Reporter: MLD
Parties: AL SHIFA TRUST HOSPITAL AMBORE MUZAFFARABAD vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Chief Secretary Muzaffarabad art
Subject matter: Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

AL SHIFA TRUST HOSPITAL AMBORE MUZAFFARABAD VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Chief Secretary Muzaffarabad art. 44---Writ petition---Maxim: audi alteram partem---Scope---Petitioner, a charitable institution, was allotted 50 kanals of land by the respondent through an MOU (Memorandum of Understanding)---Respondent vide impugned notification allotted 25 kanals 14 marlas in favour of another party---Contention of respondent was that since the petitioner had failed to utilize/make construction over the allotted land in compliance of MOU, therefore, the same was taken back---Validity---MOU contained no provision/condition to the effect that the respondent would cancel the allotment of land or reduce the acreage of the land on any pretext rather it was mentioned that on closing of the project, the built up structure would be the property of the respondent---Valuable right accrued in favour of the petitioner could not be snatched/taken back on any pretext, except with due course of law---Impugned notification was also hit by the principle of audi alteram partem---Writ petition was accepted and the impugned notification was set aside. Citation Name: 2023 MLD 727 HIGH-COURT-AZAD-KASHMIRBookmark this Case AL SHIFA TRUST HOSPITAL AMBORE MUZAFFARABAD VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Chief Secretary Muzaffarabad Nobody can be condemned unheard.

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