Law:

Section:

Constitution of Pakistan (1973)----Art. 185(3)--Punjab Acquisition of Land (Housing) Act (VII of 1973). S. 13--Acquisition of land--Compensation for--Entitlement to-­Respondents purchasing plots of land after date of Notification for acquisition--Compensation not awarded--Cases remanded to Collector on vendees' appeal to Commissioner--Claim of compensation accepted by Collector but possession of plots allocated to respondents in scheme in lieu of their land was not given--Petitioner filing review petition before Commissioner against his remand order which was dismissed-Vendees filed suit for compensation which was decreed--Such decree not being challenged attained finality--Belated writ petition against Commissioner's rejection of remand order failed--Review against petition for leave to appeal--Plea that respondent-vendees having purchased land after date of Notification could not claim compensation, repelled--Held, since vendor had not made any claim and order of remand/decree of 'Trial Court had attained finality, petition had no legs to stand or:-- -Leave: to appeal refused. ORDER ASLAM RIAZ HUSSAIN, J.--The Lahore Development Authority seeks leave to appeal against the order of the High Court, dated 16-1-1982. 2. The facts of the case are that Mst. Zahida Parveen and Mst. Tasneem (contesting respondents 3-4) executed an agreement for the purchase of one Kanal of land from Mukhtar Begum. In the meantime a housing scheme known as Bund Road Scheme was promulgated by the Lahore Development Authority and was duly notified. Subsequently, a Notification under section 13 of the Punjab Acquisition of Land (Housing) Act, 1973 was published in the Gazette of 13-12-1976. In pursuance of the said Notification it took possession of the land falling in the Scheme two days later i.e. on 17/18-12-1976. The sale-deeds between the contesting respondents and Mukhtar Begum were executed on 12/13-10-1977 respectively and the award was announced on 30-9-197si. The names of the two contesting respondents did not appear in the said Award. They, therefore, filed an appeal against the same before the Commissioner, Lahore Division, Lahore, who remanded the case to the Land…

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