| Citation(s) |
|---|
| 1983 SLG 571 1983 SLD 571 1983 PLD 482 |
Lahore High Court
Writ Petition No. 2577 of 1982, heard on 5th December, 1983.
FAZAL-E-MAHMOOD, J
Malik Ghulam Safdar for Petitioner. Sh. Abdul Rashid for
Respondents Nos. 1 and 2. Shahid Iqbal, A.A.G. for
Respondents Nos. 3 and 4. Hassan Ahmad Khan Kanwal for the-Remaining
Respondents.
Writ Petition No. 2577 of 1982, heard on 5th December, 1983.
FAZAL-E-MAHMOOD, J
Malik Ghulam Safdar for Petitioner. Sh. Abdul Rashid for
Respondents Nos. 1 and 2. Shahid Iqbal, A.A.G. for
Respondents Nos. 3 and 4. Hassan Ahmad Khan Kanwal for the-Remaining
Respondents.
Syed NAZAR ABBAS
VS
COMMISSIONER, SARGODHA DIVISION SARGODHA AND 30 others--Respondents
Law:
Section:
(a) Land Acquisition Act (I of 1894)-. S. 4-Provisional Constitution Order (l of 1981), Art. 9-LachesAcquisition of land-Compensation paid to petitioner and possession taken over in 1963-Petitioner satisfied with acquisition and not claiming reference for enhancement of compensation thus acquiesced in acquisition proceedings-Petitioner challenging proceedings after 17 years-Conduct of petitioner, held, sufficient to disentitle him discretionary relief-Petition dismissed.-[Laches]. (b) Provisional Constitution Order (I of 1981)- --- Art. 9-Land Acquisition Act (I of 1894), S. 4-Writ jurisdiction Petitioner moving High Court to have acquisition annulled after 17 years-Contention that it petitioner able to establish that acquisition was mala fide and coram non judice nothing else required for him to obtain relief, held, misconceived-High Court acting in exercise of Constitutional jurisdiction not obliged to set aside every order challenged-Refusal to interfere on proper consideration of facts and circumstances of case High Court does not bless order with any more sanctity than otherwise possessed but merely refuses .to interfere. (c) Land Acquisition Act (I of 1894)- S. 4--Provisional Constitution Order (1 of 1981), Art. 9-Acquisition of land -Laches-Petitioner satisfied with acquisition and not challenging same before any authority for 20 years--Contention that land used for purpose other than one specified in notification as such petitioner got new cause of action and has locus stand! to challenge acquisition and petitioner once established that originally acquisition was made mala fide then inaction on part of petitioner m ill not stand in way of High Court from granting relief-Cause of action arisen in 1980, petitioner moved High Court through writ petition in 1980, which was dismissed for non-prosecution in, 1982 and petitioner instead of asking restoration filed fresh writ petition in 1982-Held, explanation and contention raised do not justify inordinate delay and case not fit for condonation of delay-Petition dismissed. JUDGMENT This writ petition has been filed to assail the validity of the acquisition of a piece of land of the petitioner measuring 17…
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