Law: Punjab Local Government Ordinance (VI of 1979)

Section: 75(5)

Punjab Local Government Ordinance (VI of 1979)--- ----S.75(5)---Sanctioned private housing scheme---Land reserved for use as children park---Withdrawal of such land by owners thereof through amendment in scheme---Refusal of Municipal Corporation and Provincial Government to approve such amendment---Contention of owners was that since title/ownership in such land continued to vest in them and was not transferred to Municipal Corporation, the Corporation or for that purpose Provincial Government was not legally justified not to sanction or give approval to such amendment in scheme---Validity---Private person having got Scheme framed by Municipal Corporation about his private land and selling plots carved out to purchasers at high rates was sufficient consideration and compensation to owners thereof for reserving land for public park---Such owners were not entitled to any further compensation in respect thereof---Purchasers of plots in developed scheme had been given understanding that such land would be available for public park for their children---Provincial Government was legally justified not to approve or sanction the amendment in scheme. JUDGMENT MUNIR A. SHEIKH, J.---This petition is directed against the judgment dated 30-1-2002 of the Lahore High Court by which ICA filed by the petitioners against the judgment of the learned Judge in Chamber of the said Court dated 18-9-1990 through which writ petition filed by them was dismissed, has been dismissed. 2. The land in dispute belonged to one Haji Ahmed Din predecessor­ in-interest of the petitioners who got a scheme sanctioned about this land on 23-6-1943 from the Municipal Corporation in which land measuring 6 Kanals, 12 Marlas and 110 sq. ft. now in dispute was left for use as Public Park. 3. Subsequently, the petitioners as successors of Haji Ahmed Din made an application to the Municipal Corporation for amendment of the scheme whereby they wanted to take back the said land left for Public Park and disposed of the same as owners thereof. 4. It appears that this application was processed at the level of Municipal Corporation and at one point of time, it was suggested by the Municipal Corporation that out…

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