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

Section: 10

Law: Civil Procedure Code (V of 1908)

Section: 1,2

Colonization of Government Lands Act (V of 1912)--- ----S.10---Government Lands (Cancellation of Allotments, Conversions and Exchange) Ordinance, 2000 (III of 2001), S.4---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 2---Statements of conditions of tenancies---Regularization of allotments, conversions and exchanges---Temporary injunction, grant of---Scope---Plaintiff was allotted the suit land which was then subjected to proceedings under the Sindh Urban State Land (Cancellation of Allotments, Conversions and Exchanges) Ordinance, 2000 (the Ordinance) whereby, following payment of an amount assessed by the Government Lands Committee, the allotment of the suit land was regularized---Secretary, Land Utilization, through impugned memorandum cancelled the allotment on the ground that plaintiff had previously failed to deposit the occupancy price, therefore, under S.10 of the Colonization of Government Lands Act, 1912, the allotment had automatically been cancelled---Validity---Non-payment of the occupancy price was known to the Government Lands Committee during the course of proceedings under the Ordinance---Suit land was regularized through determination of malkano at highest market value---Plaintiff had been in longstanding possession of the suit land, the balance of convenience was in favour of continuation of the injunctive relief already extended until final determination of the suit, as irreparable loss would most likely be otherwise caused by the resumption and resultant divestiture of the suit land in the intervening period---Operation of the impugned memorandum was suspended and the parties were directed to maintain status quo in respect of the suit land until final determination of the suit ORDER YOUSUF ALI SAYEED, J.--- The Suit pertains to 10 Acres of land from Sector 26-B, Scheme No.33, District Malir, Karachi, that had been allotted to the Plaintiff for commercial purpose vide Allotment Order No.PS/MBR(LU)/1842/95 dated 08.10.1995 at the rate of Rs.100 per sq. yards (the Suit Land), which was then the subject of proceedings under the Sindh Government Lands (Cancellation of Allotments, Conversions and Exchange) Ordinance, 2001 (the 2001 Ordinance)…

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