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TAWAKAL HUSSAIN versus SHAMIM FATIMA RIZVI


Land Acquisition Act 1894 Section 4 [As Applicable To Azad Jammu & Kashmir] Azad Jammu & Kashmir Interim Authorization Act (VIII of 1974), Section 4, Fundamental Rights No. 13 & 14 Constitution Petition for Land Acquired Land Refusal of road construction applicants on the basis that road members are being constructed outside the Legislative Assembly scheme for public use, therefore, no compensation can be paid to applicants where, for any construction work, Any person deprived of the use of his property, the government was obliged to pay him proper compensation. The government can either acquire any land under the provisions of the Land Acquisition Act 1894 or by negotiation the applicants did not give their consent before the road was constructed or as a result they will not claim compensation from the government. , no. According to the plea that the justification was available to the government for depriving them of proper compensation, no compensation could be paid to the applicant after the members joined the Legislative Assembly Scheme / Quota, the Legislative Assembly of the Constituent Assembly of Azad Jammu and Kashmir. Guarantees fundamental rights 13 and 14 in contempt. Azad Kashmir had to actively participate in the Legislature of the Assembly, however, even if an alternative function was given to the Member Legislative Assembly, it would not deprive citizens of the Constitution's respondents' rights under the law of this land. Can do. It was directed to manage the applicants' compensation for their road construction land.

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