Law:

Section:

Constitution of Pakistan (1973)--Art. 185(3)--Punjab Acquisition of Land (Housing) Act (VIII of 1973)--Punjab Housing Facilities for Non-Proprietors in Rural Areas Ordinance (IX of 1974), S. 3, proviso--Acquisition of land--Housing scheme for non-proprietors--Order impugned--Plea that most of non-proprietors in area had already built houses, on village Shamlat land or land in Abadi Deh not sustained--Petition dismissed with observation that petitioner shall be given 1/3rd of land acquired, in accordance with rules subsequently framed by Government under Act VIII of 1973. ORDER ASLAM RIAZ HUSSAIN, J.--The petitioner seeks leave to appeal against the judgment of the Lahore High Court, Lahore, dated 8-4-1977, dismissing his writ petition. 2. The writ petition arose from the facts that the Collector, Okara acquired 115 Kanals and 15 Marlas of land in Mauza Bamabala in Tehsil Okara, for carrying out "a housing scheme" prepared under the Punjab Housing Facilities for Non-Proprietors in Rural Areas Ordinance, 1974. The land acquired included 11 Acres and 6 Marlas belonging to the petitioner. He challenged the validity of the Collector's order through a writ petition in the High Court. It was, however, dismissed vide the impugned judgment. He has now filed the present petition for leave to appeal against the dismissal of his writ petition. 3. We have heard the learned counsel for the petitioner at some length and gone through the impugned judgment. The main contention raised by the learned counsel was that most of the non-proprietors for whom the scheme was prepared have already built their residential houses on certain other lands in the area of the said village and that the land on which they have built their residences should have been acquired instead of…

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