Case Details

Citation(s)
1982 SLG 989 1982 SLD 989 = 1982 PLD 63
Quetta High Court
Constitution Petition No. 250 of 1980, decided on 10th June, 1981.
Before Abdul Qadeer Chaudhary and Muhammad ,Jafar Naim, JJ
Ashraf Khan Tanoli and Muhammad Ali Sayyed for Petitioners. Baaharatufah, A: G. for
Respondents.

ABDUL GHANI AND ANOTHER-Petitioners

VERSUS

PROVINCE OF BALUCHISTAN 2 AND others-Respondents

Law: Baluchistan Acquisition of Land (Housing and Development Schemes in Rural Areas) Act (XVIII of 1974)

Section: 1

JUDGMENT

 

MUHAMMAD. JAFER NAIM, J.-The petitioners seek a declaration that Acquisition proceedings in respect of lands belonging to the petitioners in Khasra Nos. 47, 47/1 and 48 Deh Pathra Thesil Hab are without lawful authority and of no legal consequence. They have further prayed for an order directing the respondents, their servants and agents to forebear from enforcing the said acquisition orders or from interfering with the possession of the land of petitioner No. 2. The facts of the case as stated in. the petitioner, briefly, are that petitioner No. 2 is a registered Public Limited Company having been registered on 9-1-1980 with the main object of establishing a Jute Mill in Tehsil Hab of the Lesbella District. In support of their intention to establish a Jute Mill they have furnished copy of the letter from Director-General Investment Promotion Bureau, Ministry of Industries Government of Pakistan dated 31-8-1978 whereby they were permitted to establish the industrial undertaking. The petitioner No. 1 had purchased land measuring 166 acres in the above Khasra Numbers for the benefit of petitioner No. 2. This land was purchased from Muhammad Aslam according to mutation photostat copy of which is Annexure `D' to the petition. Later petitioner No. 1 made a declaration on 13th March, 1979, to the effect that the land described in the declaration had been purchased by petitioner No. 1 for and on behalf of the actual owners whose names are given in the declaration. Photostat copy of . which is Annexure `E'.

 

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