| Citation(s) |
|---|
| 2010 SLG 1279 2010 SLD 1279 2010 MLD 1550 |
Lahore High Court
I.C.A. No. 109 of 2010, decision Dated: 24-06-2010.
KH. IMTIAZ AHMAD, JUSTICE CH. MUHAMMAD TARIQ, JUSTICE
Petitioner(s) by: Sardar Asmatullah Khan
Respondent(s) by: Muhammad Siddique Awan
I.C.A. No. 109 of 2010, decision Dated: 24-06-2010.
KH. IMTIAZ AHMAD, JUSTICE CH. MUHAMMAD TARIQ, JUSTICE
Petitioner(s) by: Sardar Asmatullah Khan
Respondent(s) by: Muhammad Siddique Awan
MUHAMMAD MUNIR ABDULLAH
VS
T.M.A. AND ANOTHER
Law:
Section: 198(4)
Law: Contract, Act, 1872
Section: 2(e)(i)
Law: Punjab Local Government Ordinance (XIII of 2001)
Section: 54(m)(n)
(a) Cantonments Act (II of 1924)--- ----S. 198(4)---Law Reforms Ordinance (XII of 1972), S.3---Intra-Court appeal---Appellant had challenged the decision of Single Bench of High Court on the ground that appellant was declared highest bidder of the leased land auctioned by Station Commander but Municipal Authorities had declared him to be disentitled to hold cattle market on the said land---Record revealed that the land in question was property of Federal Government which was in possession of Army and had been reserved for Camping Ground---Act of Station Commander to auction the said property was not correct---Impugned order passed by Single Judge of High Court did not suffer from any illegality or infirmity---Intra Court appeal was dismissed. (b) Cantonments Act (II of 1924)--- ----S. 198(4)---Cantonment property---Station Commander---Lease of land by---Scope---Only authorized person was the Executive Officer of the Cantonment Board who, after due sanction of the Board, could lease out any property---Station Commander did not figure under the law to indulge in such like matters---Station Commander by auctioning such property had exceeded his jurisdiction. (c) Cantonments Act (II of 1924)--- ----S. 198(4)---Punjab Local Government Ordinance (XIII of 2001), S.54(m)(n)---Notification No. SCVI (LG) 2-252/97 dated 24-6-2003---Cattle market---Establishment of---Authority to hold---Scope---Establishment of cattle market or such like purpose did not fall within the jurisdiction/purview of Army Authorities---Tehsil Municipal Administration was empowered under the Punjab Local Government (Auctioning of Collection Rights) Rules, 2003, to hold cattle market---Notification No. SCVI (LG) 2-252/97 dated 24-6-2003 issued under the Punjab Local Government (Auctioning of Collection Rights) Rules, 2003, further clarified that new cattle market would not be established without prior approval of the Government and the distance between the existing cattle market and proposed cattle market should not be less than 15 Kilometers. (d) Punjab Local Government Ordinance (XIII of 2001)--- ---S. 54(m)(n)---Holding of cattle fairs and cattle markets---Competence---Section 54(m)(n) of Punjab…
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