| Citation(s) |
|---|
| 1983 SLG 481 1983 SLD 481 1983 PLD 552 |
Lahore High Court
Writ Petition No. 342 of 1981, decided on llth July, 1983.
BEFARE IRSHAD HASAN KHAN, J
Muhammud Rafique Khan Chauhan (on 4-7-1983, 5-7-1983 and 6-7-1983) for Petitioner. Muhammad Arif and Muhammad Ilyas Malik for
Respondent No. 1.
Writ Petition No. 342 of 1981, decided on llth July, 1983.
BEFARE IRSHAD HASAN KHAN, J
Muhammud Rafique Khan Chauhan (on 4-7-1983, 5-7-1983 and 6-7-1983) for Petitioner. Muhammad Arif and Muhammad Ilyas Malik for
Respondent No. 1.
DR. MUHAMMAD NASIM JAVEDervsLAHORE CANTONMENT HOUSING SOCIETY LTD, THROUGH THE SECRETARY FORTRESS STADIUM LAHORE CANTT. AND 2 others--Respondent
Law:
Section:
(a) Co-operative Societies Act (VII of 1925) ---- Preamble, S. 5-Land Acquisition Act (I of 1894), Ss. 40 & 3(f) Object of (:o-operative Societies Act. 1925 to facilitate, formation and working of Co-operative Societies for promotion of thrift, self-help and mutual aid among agriculturists and other persons with common economic needs so as to bring about better living, better business and better methods of production-Bye-laws of Society, registered under S. 5 of Act, having objects to develop. on modern lines, to the best, advantage of its members, in accordance with co-operative principles and to establish and carry on social recreative and educational work in and around city -- Such society, held, not commercial organisation and constituted for benefit of public. (b) Land Acquisition Act (I of 1894) S. 3(f )-`Public purpose'-Means purpose furthering general interest ref community as opposed to particular interest of individuals and to be construed according to spirit of times in which legislation enacted.[Words and phrases]. Raja Muhammad Amir and others v. Province of Punjab and others P L D 1983 Lah. 355 and Babu Barkya Thakur v. State of Bombay A I R 1960 S C 1203 ref. (c) Land Acquisition Act (I of 1894)- .--- Ss. 38 to 44--Acquisition of land by Government at Society's expenses for construction of residential accommodation for defence and Civilian Personnel, held, may serve `public purpose' but depends upon circumstances of each case whether or not such acquisition is for `public Purpose'. Hamabai Framjee Petit v. Secretary of State for India A I R 1914 P C 20 ; Jhandu Lal Budh Ram and others v. The State of Punjab and another A I R 1955 Pb. 479 ; Tej Ram Jag Ram v. Union of India, Ministry of Works, Housing & Supply, New Delhi and others A I R 1959 Pb. 478 ; Radha Raman v. State of Uttar Pradesh and others A I R 1954 All. 700 ; R. L. Arora v. The State of Uttar Pradesh and others A I R 1962 S C 764 ; Pakistan through the Secretary, Ministry of Defence v. Province of Punjab and others P L D 1975 S C 37 and Shanti Nagar Co-operative Housing Society Ltd. Etah v. Nar Singh Das Bhargava and others A I R 1965 All. 17 ref. (d) Land Acquisition Act (I of 1894)-…
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