Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 10(1)(5),10-A

Law: Land Acquisition Act, 1894

Section: 4

(a) Colonization of Government Lands (Sindh) Act (V of 1912)--- ----Ss.10(1)(5) 10-A---Government lands--- Allotment--- Availability---Allotment of land for Housing Scheme over the land which had already been allotted for agriculture research purposes---Validity---Land in question had already been attached with Research based agriculture department and was never available for reallocation or reconsideration under Colonization of Government Lands (Sindh) Act, 1912---Land was reserved for agriculture department and revenue entry was made in revenue record as Government Seed Farm: in year 1904, i.e. more than 116 years ago---Revenue entry was much before the promulgation of Colonization of Government Lands (Sindh) Act, 1912, itself---Wisdom of authority who kept the land for research worked at the relevant time (1904) had far reaching effects and the country was being benefited by some of the wise decisions of the past---High Court directed the authorities to restore land in question to its original status as a research based agriculture land attached with agriculture department---High Court further directed to restore entry in revenue record as Government Seed Farm and any subsequent entry was to be deleted---Constitutional petition was allowed in circumstances. (b) Land Acquisition Act (I of 1894)--- ----S.4---Acquiring agriculture land---Pre-condition---While acquiring land for any other purpose, the productivity of land being acquired was to be taken into consideration as against the purpose of acquisition---Decision was not to be based on desire or convenience---Such formula for acquiring land may cost more but approach is futuristic to save generations for years as fertile land can be saved. JUDGMENT MUHAMMAD SHAFI SIDDIQUI, J.--- In pursuit of a desire of the President of Islamic Republic of Pakistan, as disclosed in the summary, in the year 2010 and 2011 to provide houses to the poorest of the poor, a summary was presented to the then Chief Minister to accomplish the object by introducing a scheme under the name and style of Shaheed Mohtarma Benazir Bhutto Town Mirpurkhas (hereinafter referred to as SMBBT). In order to achieve the object, EDO Revenue was…

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