SECRETARY, DEPARTMENT OF HIGHER EDUCATION, AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR, MUZAFFARABAD vs

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SECRETARY, DEPARTMENT OF HIGHER EDUCATION, AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR, MUZAFFARABAD VS JALIL-UR-REHMAN TAREEN. art. 4(14)---Land acquisition act (I of 1894), S. 4---Pakistan (administration of Evacuee Property) act (XII of 1957), S.18-B & Preamble---Right to property---Islamic principles---acquisition of land without compensation---Effect---Writ petition filed by the respondents was allowed accepting their claim that they should not be deprived of their property save in accordance with law---Validity---Record revealed that the land-in-question was originally allotted to the father of the respondents through an allotment chit dated 28.02.1963, which was further solidified by the issuance of Proprietary Rights Transfer Order (PRTO) on 22.01.1991; said assertion of ownership was later reinforced in a legal proceeding in 1993, when an application under Section 18-B of the Pakistan (administration of Evacuee Property) act, 1957, was filed before competent forum (Custodian) challenging the allotment of father of respondents---In the said application, the agriculture Department was also arrayed as respondent, which/Department filed objections---The Custodian, vide judgment dated 23.09.1993, being the forum of exclusive jurisdiction, declared the allotment of respondents valid because the agriculture Department failed to produce any proof of allotment---When a particular forum or authority had been vested with jurisdiction over a matter by law, its decision carried finality unless successfully challenged through an appellate process---Islam provides a complete code of life offering detailed and comprehensive guidance with a universal approach to every aspect of human existence---among other principles, Islam safeguards and guarantees the rights to life and property for all individuals---Islamic teachings strictly forbid the unlawful seizure of other's property unless fair and compatible compensation is provided to the rightful owners---Even , in the initial era of Islam first acquisition of land was made for the construction of al-Masjid-e-Nabawi---Said land was owned by two orphan children who offered the said land as a gift which was refused by the Holy Prophet Muhammad (ﷺ) and after payment of full price of the land, construction of the Mosque was started, which establishes a glorious principle that the land of even any feeble person cannot be taken away even for any sacred object without payment of its compensation---The azad Jammu and Kashmir Interim Constitution, 1974, also safeguards the fundamental right to property---article 4(14) of the Constitution guarantees that no person shall be deprived of their property except in accordance with the law---Thus, in the present case, the High Court acted in accordance with law while accepting the writ petition of the respondents---The impugned judgment being well-reasoned did not call for interference---appeal, filed by Education Department, was dismissed.

SECRETARY, DEPARTMENT OF HIGHER EDUCATION, AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR, MUZAFFARABAD vs JALIL-UR-REHMAN TAREEN — 2026 PLD 17 SUPREME-COURT-AZAD-KASHMIR

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