Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 10

Law: Land Acquisition Act, 1894

Section: 6

Law: Constitution of Pakistan, 1973

Section: 24,185(3)

Law: Thal Development Act, 1949

Section: 23

Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S. 10---Thal Development Act (XV of 1949), S.23---Land Acquisition Act (I of 1894), S.6---Constitution of Pakistan (1973), Arts. 24 & 185(3)---Compulsory acqusition---Non-providing of alternate land--property rights, protection of---Petitioners' land was acquired by Thai Development Authority and alternate land had to be granted to them in Colony villages in 'the close proximity of their acquired lands--­Allotment of lands to the petitioners by the Commissioner was assailed by the Provincial Government on the ground that there was some claim of defunct Agricultural Development Corporation over the lands so allotted---High Court, in exercise of Constitutional-jurisdiction set aside the order passed by the Commissioner for the reason that sanction of the Provincial Government had not been obtained for the grant of lands to the petitioners---Petitioners contended that valuable proprietary rights of the petitioners secured and guaranteed under Art. 24 of the Constitution could not be abridged and curtailed or terminated to their disadvantage without just and lawful compensation---Petitioners further contended that the Commissioner formed part of the Provincial Government, whose responsibility was to compensate the petitioners to provide lands in lieu of the lands compulsorily acquired---Even if sanction of the Provincial Government was necessary, it could be obtained ex post facto for which petitioners' rights could not be jeopardized---Disputed land was granted to Agriculture Development Corporation for development but it was not used for the purpose for which it was granted---Agricultural Development Corporation was dissolved with effect from 7-2-1972 and its rights and liabilities devolved on the Provincial Government----Leave to appeal was granted by Supreme Court to consider the contentions raised by the petitioners. ORDER RANA BHAGWANDAS, J.--Petitioners seek leave to appeal against Lahore High Court Judgment, dated 14-3-2002 in Writ )petition No.621 of 1971 allowing writ petition filed by Province of Punjab and others, impugning correctness of the order, dated 30-12-1971 passed by…

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