Case Details

Citation(s)
1981 SLG 3125 = 1981 SLD 3125 = 1981 PLD 343
Lahore High Court
Writ Petition No. 2144 of 1979, heard on 26th April, 1980.
Presented By:M. Mehboob Ahmad, J
Muhammad Afzal Qureshi for Petitioner. Khalil Ramdey, A. A.-G. for
Respondents Nos. 1 and 2. M. N. Beg for
Respondent No. 3.

MUHAMMAD ANWAR-Petitioner

VERSUS

PROVINCE OF THE PUNJAB AND .2 others-Respondents

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

Section: 24

(a) Colonization of Government Lands (Punjab) Act (V of 1912) S. 24-Resumption of tenancy-Notice--Petitioner getting Govern ment land on lease on condition of its being cancelled and resumed with out compensation if -required for public purpose-Tenancy cancelled and land resumed for establishing an industrial state without notice Failure to give notice,' held, not always fatal to action taken Person complaining must show such failure having resulted in prejudice to him-Cancellation of lease and resumption of land in circumstances, held, not ordered under S. 24 but under terms and conditiods of lease and therefore, valid. LINK1 LINK2 (b) Colonization of Government Lands (Pun lab) Act (V of 1912) S.24-Resumption of tenancy-Notice-Petitioner's civil suit for declaration and injunction -about some land dismissed and appeal also dismissed-Petitioner, held, could not raise grievance of lack of notice. Jan Muhammad v. Government of West Pakistan etc. P L D 1979 Lah. 152 and Mian Ghulam Muhammad v. The Collector, Montgomery and 2 others P L D 1973 Lah. 528 distinguished. Date of hearing : 26th April, 1980.                                                                                                                        JUDGMENT M. MEHBOOB AHMAD, J.-This writ petition is directed against an order dated 6-4-1977 passed by the Deputy Secretary (Colonies), Board of Revenue Punjab, Lahore, whereby the land held by the petitioner under a lose was directed to be resumed and possession thereof given to Small Indus tries Corporation, Faisalabad respondent No. 3, for establishment of Small Industries Estate at Lyallpur. 2. The facts necessary for the purpose of this writ petition, briefly stated, are that land, measuring 33 acres 4 kanals and 13 marlas, situate in Chak No. 8/J B, Tehsil and District Faisalabad, was taken on lease by the petitioner for a period of 10 years…
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