Mst. CHAND BIBI (Widow) vs AZAD JAMMU AND KASHMIR GOVERNMENT through Chief Secretary, Muzaffarabad S — 2023 PLD 51 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2023 PLD 51 HIGH-COURT-AZAD-KASHMIR
Year: 2023
Reporter: PLD
Parties: Mst. CHAND BIBI (Widow) vs AZAD JAMMU AND KASHMIR GOVERNMENT through Chief Secretary, Muzaffarabad S
Subject matter: Civil
Provisions referred to: S. 6---D

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

Mst. CHAND BIBI (Widow) VS AZAD JAMMU AND KASHMIR GOVERNMENT through Chief Secretary, Muzaffarabad S. 6---Declaration that land is required for a public purpose---Scope---Prerogative of the acquiring agency to acquire any land subject to reasonable compensation or de-award the same, if the same is not required for the proposed project or has become surplus. Head NotesCase Description Citation Name: 2023 PLD 51 HIGH-COURT-AZAD-KASHMIRBookmark this Case Mst. CHAND BIBI (Widow) VS AZAD JAMMU AND KASHMIR GOVERNMENT through Chief Secretary, Muzaffarabad art. 44---Land acquisition act (I of 1894), S. 6---Declaration that land was required for a public purpose---Scope---Government department got awarded certain land for construction of residential accommodation of the Government officials---Petitioner alleged that the land in his ownership and possession was dedicated for shrine/religious purpose and approached the Prime Minister, whereupon, the Prime Minister directed the concerned department to issue notification for de-award---approval of the Prime Minister was not implemented by the respondents, as such, petitioner approached the High Court for implementation of the approval---Validity---Only those approvals/ directives of the Chief Executive could be implemented which were in line with the law, rendered on a duly processed file---Disputed land was situated at a place where the approach had been proposed and due to de-award of the land, the scheme/plan of whole project would be destroyed---Respondents were directed to carry out the plan and complete the same within the stipulated period---Writ petition was dismissed. Head NotesCase Description

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