AJK Land Acquisition Rules, 1994

R. 10 — Land Acquisition Act, 1894, Ss. 4, 18,17,23,24 — Qanun-e-Shahadat Order, 1984, Art. 118 —Compensation of acquired land — Determination of market value — It was asserted that Collector Land Acquisition was bound to determine market value of property sought to be acquired according to R. 10 of Rules, 1994 — Held: Provision of R. 10 had no nexus and application for determination of market value for purpose of award —- Un-rebutted evidence — Principle — Courts have to decide the civil cases on the strength of the proof of the parties — If the evidence remains un-rebutted, it is treated as sufficient proof — Validity — Respondent had brought on record un-rebutted piece of evidence regarding market value of land situated in adjoining villages — Enhancement of compensation by High Court upto Rs. 400,000/- per marla appeared to be Court not fixed on basis of evidence produced by parties — According to documents produced by respondent himself, the average price of both the sale-deeds became Rs. 2,25,000/- per marla — It appeared to be reasonable to fix market value of acquired land as Rs. 2,25,000/- per marla — Impugned judgment/decree was modified accordingly — Civil appeal accepted. COMPENSATION OF ACQUIRED LAND — (Un-rebutted evidence) Enhancement of compensation of High Court was not fixed on basis of evidence produced by parties. Supreme Court allowed appeal. AJK Govt. v. Sahibzada Raja M. Hanif Khan 2013 SCR 513 (D)
R. 10 — Determination of compensation — Provision of said rules have no nexus and application for determination of maket value for the purpose of award. Ejaz Ahmed Mir v. Collector land Acquisition & 3 others 2013 SCR 603 (B)
Rr. 14, 15 & 16 — Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.52-A(5) —Transfer and acquired land — Government, under Azad Jammu and Kashmir Land Acquisition Rules, 1994, was only empowered to transfer the acquired land to such legal person for whom it was empowered to acquired the land — Once the land was acquired by the Government for public purpose, or for company or industry, it could not be utilized against the public interest; or for the individual’s benefit — First condition was that the acquired land could only be used for the purpose it was acquired; land could not be acquired for any individual’s personal interest or benefit — If the land was acquired for a company, the company could not sell the same without express approval of the Government, such condition was laid down with spirit that public interest was supreme — Government would have to watch the interest of public — If the property was not acquired for the public purpose, or not used for the purpose for which it was acquired, the same would be resumed and restored to the original owners, or their heirs from whom it was acquired; and if there was no such eventuality, the land would be utilized or disposed of by the Board of Revenue, in accordance with the Policy of Government regarding disposal of the land — Scheme and spirit of the Azad Jammu and Kashmir Land Acquisition Rules, 1994 was in consonance with the constitutional provision as expressed under the provision of S.52(A) of Interim Constitution Act, 1974 — Without any express and specific legislation, no one was empowered to transfer the Government land to any person in an arbitrary manner — Neither any provision dealing with “Khalsa Land” or the “Shamilat Land” nor any other provision of any enforced law existed or empowered the Government to execute transaction of sale or exchange of State land in the interest of private person — Government, even otherwise was not empowered to transfer such land through notification to any individual person — Powers bestowed upon the Government under Land Acquisition Rules, were conditional only to the extent of acquired land, and that too could only be transferred to such a person for whom under the law, the Government could acquire the land — Whole transaction in the case, in circumstances, was without lawful authority. Ghulam Rasool v. Said Ahmed 2012 SCR 367 (E & I)