| Citation(s) |
|---|
| 2016 SLG 2287 2016 SLD 2287 2016 YLR 1151 |
Lahore High Court
IBAD-UR-REHMAN LODHI, JUSTICE
Saif-ul-Haq Ziay for Petitioners. Ghazanfar Khalid Saeed for
Respondents. Muhammad Nasir Chohan, A.A.G. for the State.
IBAD-UR-REHMAN LODHI, JUSTICE
Saif-ul-Haq Ziay for Petitioners. Ghazanfar Khalid Saeed for
Respondents. Muhammad Nasir Chohan, A.A.G. for the State.
MALIK ALLAH DITTA, THROUGH L.RS. AND 9 others
VS
. MEMBER BOARD OF REVENUE AND another--RespondentS
Law:
Section:
Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 3---Scheme for Disposal of Un-allotted Rural Agricultural Land---Constitution of Pakistan, Art.199---Constitutional petition---Allotment of land---Market price of land---Petitioners were aggrieved of decision made by Board of Revenue whereby they were asked to pay price of land at current market price plus 50% penalty---Validity---Petitioners might be in possession of land in question since 1972 as pleaded by them but date of possession was not at all relevant to determine market price of land rather it was date of submission of application intimating intention to exercise option for purchase of land---Petitioners were estopped by their conduct to claim fixation of price of land other than the market price, for they themselves had agreed to purchase land in question by making payment at market price before High Court earlier on 26-3-1991, when a compromise deed was filed which was signed and thumb marked by all petitioners and was available on record of High Court---No illegality or irregularity was noticed in order passed by Board of Revenue---Constitutional petition was dismissed in circumstances. Abdul Majid v. Deputy Settlement Commissioner and others PLD 1978 Lah. 912 ref. THIS JUDGMENT DELIVERED BY: IBAD-UR-REHMAN LODHI, JUSTICE:----------- The petitioners herein are aggrieved of the findings arrived at, by a Member Board of Revenue (Judicial-V)/Chief Settlement Commissioner Punjab, on 24.08.2009 while dealing with the option submitted by the petitioners for purchase of land measuring 300-Kanals in village Bhallarian Tehsil Chunian District Kasur, he fixed the value of land at current market price plus 50% penalty and in case of refusal to pay the penalty, the petitioners were held liable to pay "Tawan" since the date of possession. The back ground of this controversy is that the petitioners submitted an application for the purchase of land noted above to the Member Board of Revenue (Judicial-V)/Chief Settlement Commissioner Punjab on 10.01.2004. After due process, it was reported from the concerned Revenue Department of District Kasur that land measuring 620-Kanals 2-Marlas…
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