Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)-------S. 24(b)---Constitution of Pakistan, Arts.10A, 24(1), 24(2) & 199---Constitutional petition---Land granted on lease to an Institute providing valuable skills to deprived people---Resumption of such land by the Provincial Government without issuing show-cause notice and assigning reasons---Legality---Right of hearing---Due process of law---Scope---Trustees of a Trust applied to Provincial Government for allotment of land, to build thereon an Institute---Lease deed was executed in favour of the Institute---Subsequently four years after the said lease deed, revenue authorities cancelled the lease and resumed the land in favour of the State---Legality---Entire amount of lease had been paid to the Provincial Government---Institute had demonstrably utilized the land for the purpose it was granted---Neither a show-cause notice was issued citing the reason that might have required the Government to resume the land nor an opportunity of hearing was provided to the Institute---Provincial Government therefore clearly acted without due process---Fundamental Rights of the Institute under Arts.24(1) & 24(2) of the Constitution (Protection of property rights) were also violated---Institute was serving the people and providing valuable skills to a deprived sector, including teaching and showing models of sustainable living, water harvesting, biogas generation, utilization of wind and sun to generate electricity---Such skills being taught by the Institute accorded with law, international conventions and the latest scientific evidence---Provincial Government was expected to support the activities of the Institute but instead it acted unreasonably, illegally and unconstitutionally---Order of Provincial Government whereby it resumed the land leased to the Institute was declared to be illegal and unconstitutional and was struck down---Constitutional petition was allowed accordingly with costs of Rs.20,000, which were to be paid to the Institute. H. Shakeel Ahmed for Petitioner. Shai Haq Baloch, Asstt. A.-G. for Respondent. Date of hearing: 1st April, 2014. JUDGMENT QAZI FAEZ ISA, C.J.--- That vide Trust Deed…

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