NIZAM DIN versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR
Section 4 and 31 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), sections 4 (4), 42 and 44 of the land acquired in the year 1992, non-payment of compensation to its landowner, filed in 2005. Written application was dismissed by the High in 1992 after the pond authority seized the land after the construction of the boundary, built a boundary road on which the authority delayed payment of compensation even though the applicant had No one shall be deprived of his or her property and basic rights except in connection with the law to pay citizens' property compensation. Cannot be obtained without finding the fundamental rights listed in section 4 (4) of the Azad Jammu and Kashmir Interim Constitution Act 1974, as the constitution authority can be enforced by the court, the payment of compensation was binding on any Before or immediately after occupying the land. Subsequent payment of such non-payment to the owner of the acquired land within a reasonable time was a perpetual wrongdoing, therefore, the doctrine of the laches would not be attracted to the present matter, only after considerable delay to refer to the court. Due to the fact that no person can be denied his or her right that the applicant had approached the High Court to seek compensation by enforcing his fundamental right. Court accepts writ petition for regular hearing and remands to High Court for judgment on merit within stipulated period
Related judgments — Supreme Court Azad Kashmir, 2013
