Case Details

Citation(s)
2001 SLG 2453 2001 SLD 2453 2001 CLC 863
Lahore High Court
Writ Petitions Nos. 10646 and 10647 of 1997, heard on 17-01-2000
CH. IJAZ AHMAD, J
M. Rashid Ahmad for Petitioner. Ch. Shoukat Ali Saqib for
Respondents

LAHORE DEVELOPMENT AUTHORITY through Director GENERAL

VS

Ch. SHAKIL AHMED NAS and 2 others

Law:

Section:

(a) Interpretation of statutes------- Repeal of an enactment---Consequence laid in S.6, General Clauses Act, 1897 would follow in the case of repeal of an enactment-unless the enactment itself indicated different intention---When the repeal was followed by fresh legislation on the same subject, it was necessary not only to look into the provision of repealed. Legislation, but also the provisions of repealing enactment. Syed Muhammad Khurshid Abbas Girdezi's case PLD 1983 SC 151. ref. (b) Punjab Acquisition of Land (Housing) (Repeal) Act (XII of 1985)--- ----S. 3---Acquisition of land---Supplementary award---Collector had earlier announced award for the acquired land with remarks that supplementary award qua the building and trees etc. could be decided later on and subsequently announced award for the tubewell of landowners---Second award being in continuation of the first award, contention that Collector had no authority to announce supplementary award, had no force in circumstances. Muhammad Zafar Rai's case PLD 1991 Lah 337 and Mst Mehboob Fatima's case PLD 1963 SC 333 ref. (c) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Maintainability---Constitutional petition was not maintainable against the concurrent findings of fact given by Tribunals below---High Court had no jurisdiction to substitute its own finding in place of the finding of the Tribunal below. Muhammad Hanif and another's case 1974 SCMR 279; Muhammad Sharif and another's case PLD 1981 SC 246 and Abdul Rehman Bajwa's case PLD 1981 SC 522; Mussadaq's case PLD 1973 Lah. 600 and Nawab Ronaq Ali's case PLD 1973 SC 236 ref. JUDGMENT I intend to decide Writ Petition No. 10646 of 1997 and Writ Petition No. 10647 of 1997 by one consolidated judgment having similar questions of facts and law. 2. Briefly, the facts of cases are that the petitioners acquired the land from Muhammad Bashir and Haji Muhammad Akram under the provisions of Punjab Acquisition of Land (Housing Act VIII of 1973). The Land Acquisition Collector awarded award under the aforesaid Act qua the land acquired by the petitioners on 10-3-1982 and did not announce any award qua the superstructure of the…
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