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2014 Supreme(J&K) 435

MOHAMMAD YAQOOB MIR, HASNAIN MASSODI
Sheikh-ul-Alam Housing Colony – Appellant
Versus
State of J&K – Respondent


Advocates:
For the Appellant :Altaf Haqani Advocate
For the Respondents:M.I. Qadiri, Advocate General, N.H. Shah, Dy. AG and G.J. Bala, Advocate

JUDGMENT :

Hasnain Massodi, J.:-

1. Controversy in writ petitions on hand relates to construction of a housing colony under name and style of M/s. Sheikh-ul-Alam Housing Colony at Pampore. Petitioners in OWP No. 614/2009 claim to be office bearers of Falah Behbood Committee, Pampore. They aver that Committee has been constituted by inhabitants of Tehsil Pampore to work for development of Pampore Town, eradication of social evils and economic disparities and overall welfare of people of the area. Petitioner in OWP No. 990/2011 is a Cooperative Society, registered under Section 4. J&K Self Reliant Cooperative Act, 1999. The Society intends to construct a housing colony on 92 Kanals and 01 Maria of land acquired by it at Estate Namblabal, Pampore, but side local limits of Municipal Committee, Pampore. Petitioners in OWP-No. 614/2009 plead that land acquired by Sheikh-ul-Alam Housing Colony (for short "Housing Colony") is Abi Awal land used for agricultural purposes and in terms of Section 133-A, J&K Land Revenue Act, it cannot be converted into residential land. They insist that Housing Colony has no right to convert agricultural land, acquired by it into residential area and therefore




































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