Case Details

Citation(s)
1981 SLG 3154 = 1981 SLD 3154 = 1981 CLC 680
Lahore High Court
Writ Petition No. 2641 of 1976, decided on 24th May, 1980.
Presented By: Saad Saood Jan, J
Khalil-ur-Rehman Khan for Appellant. Altaf Muhammad Khan for
Respondents Nos. 1 and 2. Sh. Ghias Muhammad, Muhammad Hanif Khan Niazi and Mian Sher Alam for
Respondents Nos. 3 to 5.

AMIN ABDULLAH-Petitioner

VERSUS

COMMISSIONER, SARGODHA DIVISION ETC.-Respondents

Law: Constitution of Pakistan, 1973

Section: 199

Law: Punjab Pre-emption Act (I of 1913)

Section: 8

Law: Punjab Pre-emption (Removal of Doubts) Ordinance, 1972

Section: 2(a)

(a) Constitution of Pakistan (1973) Art. 199-Writ jurisdiction-Matters relating to details based on evidence, held, pertain to appreciation of evidence and cannot be gone into in writ jurisdiction. (b) Punjab Pre-emption Act (I of 1913) S. 8 and Notification No. 6416-71/3316-LRIII, Gazetted on 7-1-1972 read with Punjab Pre-emption (Removal of Doubts) Ordinance (XI of 1972), S. 2-Chashma Barrage Project-Pre-emption, right of Immunity-Neither Ordinance nor notification having defined word displaced' ordinary dictionary meaning to be applied-Immunity from exercise of right of pre-emption, as such, held, created only in respect of persons put out or dislodged from usual or proper place by construction of Chashma Barrage irrespective of whether their land acquired or not for said project. (c) Punjab Pre-emption (Removal of Doubts) Ordinance (XI of 1972) S. 2 (a)-Displaced person-Acquisition of land, though a piece of evidence for determining whether a person displaced or not yet by itself entirely insufficient to give status of displaced person. (d) Punjab Pre-emption (Removal of Doubts) Ordinance (XI of 1972) S. 2 (a)-Displaced person-Respondents never living in. village acquired for Barrage but only purchasing some marlas of land in village abadi many years after notification for its…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register