Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Subsequent events---High Court has ample power to look into subsequent events. 1990 CLC 1069 ref. (b) Punjab Acquisition of Land (Housing) Act (VIII of 1973)--- ----Ss. 4, 6 & 13---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Acquisition of land---Statutory notices, non-issuing of---Scheme for graveyard was formulated by the Authorities and notification of acquisition of land owned by the petitioners was published---Validity---No provision existed in Punjab Acquisition of Land (Housing) Act, 1973 or in Lahore Development Authority Act (XXX of 1975), regarding framing of any scheme exclusively for graveyard---Omission to serve statutory notice in a case relating to compulsory acquisition of property rendered the proceedings as invalid---Issuance of notification by the Authorities was in violation of settled law. Mst. Sardar Begum v. Lahore Improvement Trust PLD 1972 Lah. 458 fol. Syed Muhammad Khurshid Abbas Gardezi's case PLD 1983 SC 151; Abdul Ghani's case PLD 1982 Quetta 63; The Province of Punjab and 2 others v. Zahoor Elahi and 3 others PLD 1981 Lah. 696; Haji Hashmatullah and others v. Karachi Municipal Corporation and others PLD 1971 Kar. 514; Col. Bashir Hussain and others v. Land Acquisition Collector and others PLD 1970 Lah. 320; Mst. Sardar Begum v. Lahore Improvement Trust, Lahore PLD 1972 Lah. 452 arid Mst. Maryam Bibi v. The Lahore Improvement Trust 1973 Law Notes 178 ref. JUDGMENT The brief facts out of which the present writ petition arises are that the respondents acquired the land of the petitioners under the provisions of the Punjab Acquisition of Land (Housing) Act, 1973 and rules framed thereunder. The respondents issued notification under section 4 of the aforesaid Act on 18-11-1981 which was published in the official Gazette on 27-5-1982. Notices were issued to the petitioners. The notification was issued in public notice in Daily Mashtaq, dated 9-6-1982. The petitioners being aggrieved filed application before the Director-General, L.D.A., painted out the alternate land for the said purpose, through their application. The…

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