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ALI MOHAMMAD MAGREY, VINOD CHATTERJI KOUL
Mohammad Ramzan Bhat – Appellant
Versus
State of J&K – Respondent
Judgment
Ali Mohammad Magrey, J.-In OWP No.1294/2017, the Petitioner has sought the indulgence of this Court in granting him the following relief(s):
(b) By issuance of Writ of Mandamus, respondents 5 and 7 be directed to decide between themselves who is entitled to receive payment and accordingly issue demand notice in favour of the petitioner as cost of the regularized plot measuring 6 Marlas and 15 sft falling under Survey No. 836;
(c) By issuance of Writ of Certiorari, the assertions made by way of an excuse in compliance affidavit in Paras (a), (b), (c), (e) and (f) be set aside and quashed because same are unsustainable and having no legal or factual justification;
(d) By issuance of writ of Mandamus, respondents be directed to formally regularize petitioner’s land measur
The judgment clarified the applicability of the Roshni Act to cases where rights had accrued under any pre-existing Scheme/Government Order and were upheld by binding judicial decisions, and where no....
The State largesse cannot be distributed arbitrarily, and the petitioner's mere application for land allotment did not confer any right.
The court ruled that claims for proprietary rights under a void act are unenforceable and emphasized the necessity for full candor in litigation.
The entitlement to proprietary rights under the J&K Migrant Immovable Property Act, 1997 and the issuance of a writ of mandamus to enforce such rights.
Transfer of immovable property by way of sale can only be by a deed of conveyance (sale deed).
The court upheld the proprietary rights of landowners conferred by historical orders, emphasizing the necessity of due process in land acquisition.
The court established that under Sec. 127 of the MRTP Act, a land reservation lapses if the planning authority fails to initiate acquisition proceedings within the specified time after a purchase not....
The main legal point established in the judgment is that the grant of freehold rights must be based on factual correctness and adherence to the legal provisions, especially in the context of land dis....
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