Ghulam Rabani Butt vs Managing Director Hydral Power Electric Board, Muzaffarabad art

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Ghulam Rabani Butt VS Managing Director Hydral Power Electric Board, Muzaffarabad art. 4(4)(14)---Protection of property---acquisition of land without due process---Public purpose---Constitutionally guaranteed fundamental rights can neither be snatched nor waived by a person himself---any alleged agreement or instrument which postulates that a person claiming compensation/ acquisition of the landed property has already waived or abandoned the rights bears no weight---High Court directed the respondents/acquiring agency to do needful qua redressal of the grievance of the petitioner regarding his landed-property which was in use of the respondents; if the landed property was in fact, required for the public purpose then initiate the acquisition proceedings and ultimately the petitioner be compensated within 02 months: otherwise, if public purpose was lacking or the land was no more required, then the petitioner was entitled to get back possession of his land---Writ petition , filed by land-owner , was disposed of accordingly. Citation Name: 2025 YLR 158 HIGH-COURT-AZAD-KASHMIRBookmark this Case Ghulam Rabani Butt VS Managing Director Hydral Power Electric Board, Muzaffarabad S.4---azad Jammu and Kashmir Interim Constitution act (VIII of 1974), art. 44---acquisition of land---Writ jurisdiction of High Court---Scope---Public purpose, determination of---Powers of Collector---Scope---Whether the purpose demonstrated by acquiring agency comes within the parameters and compass of public purpose is to be decided by the Government---High Court in extraordinary jurisdiction conferred under art.44 of the aJ&K Interim Constitution act, 1974, cannot step in the shoes of Government---Even the question of public purpose cannot be determined by the High Court in exercise of writ jurisdiction because it is always the Collector Land acquisition who determines under S.4 of the Land acquisition act, 1894 as to whether a purpose is a public purpose or not---Public purpose broadly speaking means any purpose aimed at promotion of general public---Whether a purpose amounts to public purpose is a matter for government and not for the High Court to decide. Citation Name: 2025 YLR 158 HIGH-COURT-AZAD-KASHMIRBookmark this Case Ghulam Rabani Butt VS Managing Director Hydral Power Electric Board, Muzaffarabad art. 4(4)(14)---Protection of property---acquisition of land without due process---Public purpose---Respondents (acquiring agency), in its reply straightforwardly admitted the claim of the petitioner and anything admitted need not to be proved---High Court directed the respondents /acquiring agency to do needful qua redressal of the grievance of the petitioner regarding his landed-property which was in use of the respondents; if the landed property was, in fact, required for the public purpose then initiate the acquisition proceedings and ultimately the petitioner be compensated within 02 months, if public purpose was lacking or the land was no more required, then the petitioner is entitled to get back possession of the said land---Writ petition, filed by land-owner, was disposed of accordingly. Citation Name: 2025 YLR 158 HIGH-COURT-AZAD-KASHMIRBookmark this Case Ghulam Rabani Butt VS Managing Director Hydral Power Electric Board, Muzaffarabad art. 4(4)(14)---Protection of property---acquisition of land without due process---Public purpose---Scope---Right of property is constitutionally guaranteed fundamental right, which cannot be snatched in arbitrary and unlawful manner as enshrined in art.4(4)(14) of azad Jammu and Kashmir Interim Constitution act, 1974---Rights of individual are always to yield in favour of rights of public-at-large but simultaneously nobody can be deprived from his constitutionally guaranteed fundamental rights without adopting the due process of law---Compensation has to be paid as per scheme of law in light of the property which is likely to be acquired or required for the public purpose, otherwise any sort of claim or taking possession of landed property of any citizen/ state subject, without adopting due procedure, is unlawful---High Court directed the respondents, jointly and severally , to do the needful qua redressal of the grievance of the petitioner regarding his landed-property which was in use of the respondents; if the landed property was in fact, required for the public purpose then initiate the acquisition proceedings and ultimately the petitioner be compensated within 02 months; if public purpose was lacking or the land was no more required, then the petitioner was entitled to get back possession of his land---Writ petition , filed by land-owner , was disposed of accordingly.

Ghulam Rabani Butt vs Managing Director Hydral Power Electric Board, Muzaffarabad art — 2025 YLR 158 HIGH-COURT-AZAD-KASHMIR

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