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ALI SHAN versus MIRPUR DEVELOPMENT AUTHORITY


A. XXXIX, Rr 1 & 2 Azad Jammu and Kashmir Mirpur Development Authority Ordinance, 1974 Section 11 Azad Jammu and Kashmir Interim Authorization Act (VIII of 1974), the provisions of section 44 interim injunction were a good order of trial. However, irreparable loss that the party must suffer if the injunction is not issued or if the other party has to bear the balance of loss and convenience as the stay order is not issued, consider the court for the loss of good prima. will have. The issue was irreparably damaged by one party, which is irreparable harm that a party will have to bear if the stand order is issued or not, so that the party can perform a good trial for the success of its case. Not obligated to display the conditions. It was enough for the court to raise the appropriate question of commitment. In the present case, the master / sector plan can be changed only with the prior approval of the development authority. l Under the provisions of the Mirpur Development Authority Ordinance 1973, the Corner position of the applicant's plots was changed without any jurisdiction over which it was made a good prima case and if the respondents were to enhance the construction. If successful, it will suffer irreparable damage. The balance of the facility will also be in favor of the applicant. The Supreme Court (AJ&K) has directed that the respondents should not extend the construction of the plots till the High Court writ petition is resolved and that they retain the status of the Supreme Court. He directed the High Court to consider the development authority after giving opportunity to the Master / Sector.

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