Case Details

Citation(s)
2019 SLG 2941 2019 SLD 2941 2019 CLC 1920
Lahore High Court
W.P. No. 736 of 2011, heard on 09-04-2019.
SHAHID KARIM, JUSTICE
Petitioner(s) by: Syed Muhammad Ali Gillani
Respondent(s) by: Malik Muhammad Tariq Rajwana and Aadil Shabbir Nos.2 to 6.

LEGAL HEIRS AND OTHERS

VS

FEDERATION OF PAKISTAN AND OTHERS

Law: Punjab Land Acquisition Rules, 1983

Section: R.14

Punjab Land Acquisition Rules, 1983--- ----R.14---Acquired land not utilized for acquiring purpose---Disposal of such land---Procedure---Petitioners had sought return of land in their favour in lieu of compensation which was paid to them at the time of acquisition of land in question---Validity---High Court observed that if "public purpose" for which land was acquired was proposed to be abandon then land should be handed over to the Collector who should be responsible for its disposal in accordance with the orders of the Government---Government should dispose of acquired land in terms of R.14 of Punjab Land Acquisition Rules, 1983---No step in the present case had been taken by the department and land in question was never handed over to the Collector for its disposal---Department did not intend to abandon the project and to return the land to the Government for its disposal---Land once acquired did vest in the Government and could not be given back to the previous owners even if its purpose was abandoned under any circumstances---Land acquired might be put to a different purpose with the only rider that the purpose for which it had subsequently put should also be a "public purpose" in all its manifestations---Department was directed to make a decision within a period of one year with regard to utilization of acquired land for "public purpose" for which it was proposed to be used---If no such public purpose was in the estimation of department then land in question should be disposed of in terms of R.14 of Punjab Land Acquisition Rules, 1983---Constitutional petition was dismissed accordingly. THIS JUDGMENT DELIVERED BY: SHAHID KARIM, J.---- This constitutional petition has the following prayer: "It is, therefore, respectfully submitted that an appropriate writ/order/mandate may be issued to the respondents for performing their duties to restore/return the land in favour of the petitioner for compensation which was paid to them at the time of the acquisition of the land. It is further prayed that any other relief in addition to the relief prayed for may also be granted to redress the grievance of the petitioners, the cost may also be allowed." 2. In essence…
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