| Citation(s) |
|---|
| 1982 SLG 12 1982 SLD 12 = 1982 CLC 28 |
Lahore High Court
Writ Petition No. 1162 of 1980, decided on 27th January, 1981.
Presented By: Khurshid Ahmad, J
Writ Petition No. 1162 of 1980, decided on 27th January, 1981.
Presented By: Khurshid Ahmad, J
Haji SHAHAB DIN‑Petitioner
VERSUS
PUNJAB GOVERNMENT AND OTHERS‑Respondents
Law:
Section:
The facts giving rise to the present Constitutional Petition may be briefly stated. 2. The petitioner claims himself to be a lessee in respect of three plots of land measuring 62 kanals, 18 marlas, 10 kanals and 10 marlas and 21 kanals and 5 marlas, as described in paragraph 1 of this petition. The land in question is admittedly Nazul land which is under the Management of the Government of Punjab (respondent No. 1) and had been given to the petitioner on the basis of year to year lease. According to the respondents the latest lease had expired by 30‑6‑1980. It is also stated by the respondents that action had been taken only in respect of plot of land measuring 62 kanals, 18 marlas. According to the petitioner, respondent No. 2 ( Deputy Commissioner, Lahore) served the petitioner with a notice under section 5(1) of the West Pakistan Lands and Buildings (Recovery of Possession) Ordinance. Vide this notice the petitioner was directed to appear on 29‑9‑1980 to show cause why he should not be evicted The petitioner does not accept the validity of the notice nor the proceedings initiated on the show‑cause notice by the respondent No. 2. In respect of plot measuring 10 kanlas 10 marlas, the petitioner claims to be still in occupation while in respect of land measuring 21 kanlas 5 marlas he stated that he had been forcibly evicted. The sole point that arises for consideration in the present writ petition is whether the petitioner is liable for eviction under section 5 of the Ordinance. The West Pakistan Govern ment Lands and Buildings (Recovery of Possession) Ordinance IX of 1966 was promulgated on 4‑4‑1966 to provide for the speedy recovery of possession of Government Lands and Buildings from outgoing lessees and licensees and unauthorised occupants and this is precisely the purpose which has been shown in the preamble of this Ordinance. The term "land" has been defined in section 2(c) in the following words: "Lands" means land which .vests in or is in the possession or under the Management and control of Government and is used or held for purposes other than agriculture." The terms "lease" and…