| Citation(s) |
|---|
| 2013 SLG 1726 2013 SLD 1726 2013 YLR 295 |
Islamabad High Court
Writ Petition No.69 of 2012, decision dated: 31st May, 2012
SHAUKAT AZIZ SIDDIQUI, J
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Writ Petition No.69 of 2012, decision dated: 31st May, 2012
SHAUKAT AZIZ SIDDIQUI, J
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MUHAMMAD ARIF
VS
CAPITAL DEVELOPMENT AUTHORITY, ISLAMABAD through Chairman and 4 others
Law:
Section:
Capital Development Authority Ordinance (XXIII of 1960)--- ----S. 27---Constitution of Pakistan, Arts.25 & 199---Constitutional petition---Land acquisition---Non-payment of compensation to the affectee---Petitioner's land was acquired by Development Authority and it was stated in the Award that petitioner would be compensated vide allotment of a plot in his favour within a period of six months---Petitioner contended that despite lapse of two years, no compensation had been paid to him and prayed that Development Authority be directed to pay compensation to him---Development Authority contended that acquisition record had taken a long time to be prepared but was near completion---Validity---Development Authority's stance on the matter was feeble , ridiculous and a deception---High Court directed Development Authority to provide compensation to the petitioner for his acquired land along with all benefits which had already been extended to equally placed persons; within a period of one month---Constitutional petition was allowed, in circumstances. JUDGMENT SHAUKAT AZIZ SIDDIQUI, J.---Petitioner, invoked the constitutional jurisdiction of this Court, by way of filing instant writ petition, with the following prayer:-- "Under the circumstances, it is, therefore, humbly prayed that this Hon'ble Court may very kindly be graciously enough to admit and accept this writ petition and directed the respondents to pay forthwith the compensation regarding acquired land of the petitioner or allot him a plot as per his entitlement and fulfil all the formalities in this regard, in the best interest of justice. Any other better and appropriate relief including the cost of the petition, may also kindly be awarded to the petitioner." 2. AND presented the facts as under:-- Petitioner is owner in possession of land measuring 8 Kanals in Khasra Nos. 1427 to 1431, 1434 to 1436 situated at village Saray-e-kharbuza, Islamabad, whereas his whole family including his children and sisters, owned and possessed the land measuring 26 Kanals in the same village. Respondent-CDA acquired land measuring 14944 Kanals and 9 Marlas, including the land of petitioner, in the revenue estates of…
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