Law:

Section:

(a) Easements Act (V of 1882)--- ----S. 64---Constitution of Pakistan, Art.199--- Constitutional petition---Maintainability---Lease of land---Violation of terms of lease---Cancellation of lease---Scope---Plot was leased out in favour of petitioner for commercial development including construction of five star hotel but the same was not constructed in terms of lease and lease was cancelled---Contention of petitioner was that five star hotel could not be constructed due to law and order situation in the city---Validity---Present use of subject land was in violation of terms of lease granted to the petitioner---Consideration/justification for granting lease of plot on such a low price was to attract foreign investment by construction of a five star hotel---One of the most valuable property of the Province was being misused perhaps with the connivance of some of the officials of Revenue Department---Permission to misuse the subject land in violation of terms of lease was allowed by the authorities---If licensee without any fault on his part was evicted by the grantor before he had fully enjoyed the licence, he would be entitled to recover compensation from the grantor would only suffer damages on account of withdrawal of permission which even otherwise was against the terms and conditions of the lease---Constitutional petition was not maintainable which was dismissed, in circumstances---Copy of order of High Court was sent to the Chairman NAB to look into the matter to ensure that there was no corruption or corrupt practice involved while allowing the petitioner to violate the terms of lease. Mir Ghulam Abid Khan v. Pakistan through Secretary and another 2000 CLC 443 and Abdul Ghaffar Bhundi v. The Federation of Pakistan and another 2006 PTD 670 ref. (b) Easements Act (V of 1882)--- ----S. 64---Licensee's right on eviction---Scope---If licensee without any fault on his part was evicted by the grantor before he had fully enjoyed the licence, he would be entitled to recover compensation from the grantor. THIS ORDER PASSED BY: SAJJAD ALI SHAH, JUSTICE:---.--- The petitioner through instant petition has approached this Court with the following prayers:-- (a) To declare…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492