Law:

Section:

(a) Constitution of Pakistan (1973)---Art.185(3)--Colonization of Government Lands (Punjab) Act (V of 1912), S.10--Transfer of land for industrial purpose--Leave to appeal granted to examine whether land in question had been transferred to petitioner under a contract of sale or under scheme made under S.10 of Act. (b) Colonization of Government Lands (Punjab) Act (V of 1912)-- ---Ss.10 & 24--Board of Revenue Memoranda No.2931-C, dated 28-4-1953 and No. 592/59/1167-S(G), dated 11-2-1959--High Court not justified in holding that memorandum did not constitute conditions of grant of land-­ Delivery of possession by Collector under directions of Commissioner not disapproved by Government for thirteen years and such conduct rather implying approval--Transfer of land after taking possession setting up an industry on same--Resumption of portion of such land for breach of conditions on assumption that same was not being actually utilized for factory, held, could not be ordered without giving a notice at least on general pr ciple of audi alteram partem if not under S.24-Orders of High Court and those of Revenue Department set aside. Safia Begum v. Board of Revenue, Punjab P L D 1973 Lah. 726 ref. JUDGMENT M.S.H.QURAISHI, J.--Messrs Siddiq Textile Mills Ltd. appellant in this appeal by leave of the Court, calls in question the legality of the Provincial Government's decision to resume the land given to it earlier in 1962 for setting up its textile factory. 2. The possession of his land measuring 11 acres 5 Marlas situate in the vicinity of the city of Faisalabad, had been made over to the appellant on 25-4-1962 on its undertaking to pay its price as would be fixed by the Board of Revenue. The question of fixation of its price remained pending with the Government and in any case nothing was paid by the appellant until 28-6-1975 when the Government by letter No.2030-75-2030 CSII of that date offered to sell by private treaty at the rate of Rs.48,000 per acre with 10% surcharge, 1 acre 5 Marlas which area only, out of the disputed land, was being actually utilized for the factory and directed the remaining area to be sold by open auction. In pursuance of the directive,…

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