MUHAMMAD SHAFI ADVOCATE vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Secretary Sports, Muzaffa

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MUHAMMAD SHAFI ADVOCATE VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Secretary Sports, Muzaffarabad art. 44---Land acquisition act (I of 1894), S. 18---Land acquisition, matter of---Remedy before Referee Court, availability of---Writ petition---Maintainability---Petitioner, land-owner whose land was acquired filed writ petition claiming that compensation for constructed building was not granted to him---Validity---after the award, the proper course for the petitioner was to apply to the Reference Court that he had not been paid compensation of the built up property which stance was taken before the Reference Judge but was disallowed, hence, same relief could not be claimed through a writ petition---Under S. 18 of the Land acquisition act, 1894,any person who has not accepted award may by written application to the Collector require that matter be referred for determination by the Court regarding measurement of the land, amount of the compensation awarded, the person to whom it was payable or apportionment of compensation---The amount of compensation included the factor that if the built up structure was not assessed the interested person might file a reference for compensation of the built up property, as separate award of built up property was not required to be issued---as the petitioner at the time of award had not filed a reference for assessment of built up property and payment of its compensation, thus the stance taken by the respondents that the petitioner had raised construction after the award appeared to be attracted, and a person who raised construction after the award could not claim compensation of the said construction---Since an alternate remedy in shape of reference before the Reference Judge for payment of compensation of built up property was available to the petitioner, which he availed, thus, the writ petition in presence of alternate remedy was not maintainable---Writ petition, being merit-less, was dismissed.

MUHAMMAD SHAFI ADVOCATE vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Secretary Sports, Muzaffarabad art — 2026 CLC 313 HIGH-COURT-AZAD-KASHMIR

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