Law: Quetta Development Authority Ordinance (IV of 1978)

Section: 113

Law: Constitution of Pakistan, 1973

Section: 24,199

Law: Balochistan Land Lease Policy, 2000

Section: 3,4,5,10

Quetta Development Authority Ordinance (IV of 1978)---- ---S. 113---Balochistan Land Lease Policy, 2000, Cls. 3, 4, 5 & 10---Constitution of Pakistan, Arts. 24 & 199---Constitutional petition---Land acquisition---Sale of land acquired for public purpose to a private person---Effect---Contention of petitioners was that land acquired from them for public purpose had been sold to private person which should be returned to them-Validity-Development Authority, if decided to sell or lease land which had been acquired from any person, should give notice through advertisement in newspaper and offer to the person or persons from whom land had been acquired or their heirs, executors or administrators had a prior right to lease or purchase such land at a rate to be fixed by the Authority---Such lease or sale should be in the public interest---No publication was made in any newspaper nor an offer was made to the petitioners and no determination was made whether sale of said land was in public interest---Development Authority could not hand over public land to an individual without publishing advertisement in newspapers inviting public offers---Director Development Authority had no powers to negotiate a private sale of Government land---Chief Minister was bound to abide by law and he could not give away public land to a private party---Acquisition of property for public purpose upon payment of compensation had been permitted under the Constitution---Land for the purpose of construction of bridge over the railway track was acquired for public purpose and said land or any part thereof could not be sold, allotted, leased or transferred to any private person---Mayor of Municipal Corporation had leased out the unutilized portion of acquired land for a period of thirty years having ,no such authority and same was done without inviting bids---Lease of said land and thereafter sale of the same were illegal---State land falling within 5 miles of the limits of Municipal Committee/Municipal Corporation and within 3 miles of Town Committee should be reserved for future utilization-Land in question was situated within such limits which had to be kept in reserve for the City's…