Law: Land Acquisition Act, 1894

Section: 4

Land Acquisition Act (I of 1894)-- ----S. 4---Land acquired by Development Authority for a housing scheme---Exemption policy for allotment of plots, violation of---Appellants claimed that land acquired by them fell in Block-D, while the plots allotted to them were located in Blocks C, E and F---Plea of appellants were that they were entitled to be allotted exempted plots in Block-D as per Exemption Policy---Validity---Clause 13 of Exemption Policy although required to provide plot or plots on or around the land previously owned by the owners but the said clause was directory and not mandatory in nature as no consequence had been given for its non-compliance---Appellants had accepted the terms and conditions of the allocation letter, acted upon the same by depositing entire amount to receive possession of allocated plots and thereafter waited for 10 years before agitating their grievance---Appellants, in circumstances were estopped from raising any objection at belated stage---Constitutional petition was barred by laches---Intra-Court Appeal, being devoid of force, was dismissed. Lahore Development Authority through Director General, Lahore and others v. Sahibha Khanam 2016 SCMR 2143 distinguished. THIS JUDGMENT DELIVERED BY: MUZAMIL AKHTAR SHABIR, J.--- Through this Intra Court Appeal, the appellants have called in question order dated 30.11.2017 passed by learned Single Judge in Chambers, whereby the constitutional petition, filed by the appellants, has been dismissed. 2. The brief facts of the case are that the land belonging to the appellants situated in Mouza Chung Punj Garien was acquired by Lahore Development Authority ("LDA") for the purpose of Mohlanwal Housing Scheme ("Scheme") through an award of the Collector Acquisition, LDA, Lahore dated 15.06.1985 and in lieu of the said land, the Director Land Development, LDA and Allocation Committee allocated plots in Block-C, E and F of the said scheme to appellants. The appellants claim that Block-D of the Scheme has been developed over land acquired from Mouza Chung Punj Garien, therefore, as per the exemption policy they were entitled to be allocated exempt plots in Block-D instead of Block-E and F…

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