| Citation(s) |
|---|
| 2017 SLG 1785 2017 SLD 1785 2017 CLC 1793 |
Lahore High Court
Writ Petitions Nos. 26529 of 2015, 2580, 2587, 2590 of 2016,1743, 2449, 2575, 22396 and 26752 of 2017, heard on14-07-2017, Dates of hearing: 13th, 20th, 21st, 22nd, 29th,30th June, 3rd, 7th, 10th, 11th, 12th, 13th July, and14-07-2017
AMIN-UD-DIN KHAN, JUSTICE
Kh. Ahmad Tariq Rahim, Muhammad Azhar Siddique, Agha Abul Hassan Arif, Kh. Hassam Tariq Rahim, Abdullah Malik, S. Parveen Mughal, M. Rizwan Gujjar, Syed Shahbaz Shah, Shahzad Maqsood and Mafia Kousar for Petitioners.Ms. Samia Khalid, Additional Advocate
Writ Petitions Nos. 26529 of 2015, 2580, 2587, 2590 of 2016,1743, 2449, 2575, 22396 and 26752 of 2017, heard on14-07-2017, Dates of hearing: 13th, 20th, 21st, 22nd, 29th,30th June, 3rd, 7th, 10th, 11th, 12th, 13th July, and14-07-2017
AMIN-UD-DIN KHAN, JUSTICE
Kh. Ahmad Tariq Rahim, Muhammad Azhar Siddique, Agha Abul Hassan Arif, Kh. Hassam Tariq Rahim, Abdullah Malik, S. Parveen Mughal, M. Rizwan Gujjar, Syed Shahbaz Shah, Shahzad Maqsood and Mafia Kousar for Petitioners.Ms. Samia Khalid, Additional Advocate
BAHRIA TOWN (PVT.) LIMITED THROUGH ADMINISTRATORVSGOVERNMENT OF PUNJAB THROUGH CHIEF SECRETARY AND 11 OTHERS
Law:
Section:
The total area acquired for Lahore Ring Road Project Southern Loop SL-3 Tehsil Raiwind District Lahore is 3098-Kanals 14- Marlas and 86 square foot, whereas the area belonging to Bahria Town is 501-Kanals, 6-Marlas and 105 square foot. 7. The written reply and rejoinder in the main petition was also filed. Even both the parties have produced the site plans as well as photographs of the area taken from the Google Map on various point of time. 8. As vires of law have been challenged, therefore, in the light of Order XXVII-A of the C.P.C. notice was issued to the Advocate General Punjab on 20.01.2016 and again to the Attorney General for Pakistan and Advocate General Punjab on 13.06.2017, which were accepted by Mr. Muhammad Zakariya Sheikh, Deputy Attorney General for Pakistan on behalf of Attorney General for Pakistan and Ms. Samia Khalid, Additional Advocate General Punjab on behalf of the Advocate General Punjab. 9. I have noticed that C.M. No. 4001 of 2016 was filed on 04.10.2016 with the prayer that the respondents be directed to provide the information, documents and material etc, whereas C.M. No. 4002 of 2016 is for dispensation. Further C.Ms. Nos.l and 2 of 2017 have been filed on 10.07.2017 with the prayer that the respondents be directed to provide the documents. As the reply and parawise comments as well as rejoinder were filed along with many documents, therefore, it is not necessary for the court to order the respondents to provide the documents. Hence, all these applications stand disposed of as such. C.M. No. 3 of 2017 was also filed on 10.07.2017 with the prayer for appointment of Local Commission and submitting report with regard to the alternate routes. As the matter agitated before this court through the jurisdiction vested in this court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, therefore; the court cannot go into the factual controversy and also cannot create evidence for the benefit of any of the parties and further it is the prerogative of the court, in case of need, to get information or local investigation for the assistance of the court. In the instant case the court does not feel any necessity for…