Transfer of the State Land

The land measuring 73 kanal, 14 marla, was acquired for Sericulture Department — out of the aforesaid land, the land measuring 9 kanal, 18 marla was transferred to Army Public School — The only question before Court was; whether the land transferred to the Army Public School while adopting the procedure provided under law or not? — The Court has examined the record — The process for transfer of the land to the Army Public School was initiated by the Chairman Public Accounts Committee on its letterhead — All the proceedings including issuance of NOC and sanction from the worthy Prime Minister, have been completed on the same letter — Except this letter, no other document is available on record from which it could be ascertained that any due process for transfer of the land was adapted by the authorities. The Chairman Public Accounts Committee might have made the proposal in a good faith. Held: but such like practice cannot be allowed as it may amount to give a license to the Chairman Public Accounts Committee/ Ministers/ Members Legislative Assembly or the Chief Executive of the State to distribute the State land like charity as and when they desire to do so. Shahid Sharif & & others v. AJ&K Govt. & 12 others. 2015 SCR 1023 (A) 2014 SCR 382 ref.