Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan Art.199Constitutional petitionCancellation/resumption of lease of land sought direction to the authorities to allot government land to him through private treatyValidityLand in question was leased out to the petitioner for a period of twenty years for a specific purpose i.e. construction of library and the lease had already expired in the year 2016 had failed to fulfil the commitment made for creating a Trust in respect of the library in questionLand in question had to be resumed by the State irrespective of the fact that proprietary rights had been given to the petitioner and construction had been made by himOccupation of the petitioner over the property in question had rightly been declared as illegal as petitioner had not deposited lease amount to the treasury of GovernmentStatus of petitioner after cancellation of lease in his favour was nothing but as an encroacherConstitutional petition was dismissed. ORDER SHAHID BILAL HASSAN, J. The petitioner has filed the instant constitutional petition with the following prayer: In view of the above, it is respectfully prayed that the impugned order dated 18.05.2020 passed by respondent No.2 and those passed by respondents Nos.3 and 4 dated 5.5.2020 and 14.11.2019 may graciously be set aside and the respondents may be directed to allot five kanals of land to the petitioner through private treaty, in compliance with the orders of the High Court dated 27.11.1991 and 10.10.2006 and of the Member (IV), Board of Revenue dated 10.3.2008 which went unchallenged and attained finality. 2. Heard and comments perused. 3. Admittedly, land in dispute was leased out for al period of twenty years to the father of the petitioner for a specific purpose i.e. construction of library and the lease period has expired in the year 2016. The District Collector who visited the spot for site inspection submitted his report dated 04.05.2019, which depicts violations of terms and conditions of lease as he reported as under: (i) The issue of fraud, foul play has already been observed in instant issue which may kindly be perused through from the brief history of the orders passed by then Deputy Commissioner Mian Mohsin…

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