| Citation(s) |
|---|
| 1987 SLG 647 1987 SLD 647 1987 SCMR 1689 |
Supreme Court of Pakistan
Civil Appeal No. 151 of 1977, decided on 12th May, 1987. (On appeal from the judgment and order, dated 1321974 of the Lahore High Court, Lahore passed in Writ Petition No. 218R of 1967).
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, ALI HUSSAIN QAZILBASH AND MIAN BURHANUDDIN KHAN, JJ
Sh. Abdur Rashid, Senior Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate-on-Record for Appellants
Civil Appeal No. 151 of 1977, decided on 12th May, 1987. (On appeal from the judgment and order, dated 1321974 of the Lahore High Court, Lahore passed in Writ Petition No. 218R of 1967).
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, ALI HUSSAIN QAZILBASH AND MIAN BURHANUDDIN KHAN, JJ
Sh. Abdur Rashid, Senior Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate-on-Record for Appellants
Mst. SADIQAN and others
VS
Messrs MULTAN SILK RAYON MILLS and others
Law:
Section:
(a) Punjab Town Improvement Act (IV of 1922)-----S. 41(1)--Land Acquisition Act (I of 1894), Ss. 4 & 17--Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949), S.12(3) (b)--Displaced Persons (Land Settlement) Act (XLVII of 1958), S.4--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted to consider questions (i) whether Industrial Area Scheme having been cancelled in exercise of powers under S.41(1) of Punjab Town Improvement Act by Government of West Pakistan and land having been made available to deserving refugees, respondents could still claim a title to the land allotted to them earlier and (ii) whether the condition of approval by the Government namely, payment of fair compensation in consultation with Custodian for being credited to the evacuee owners' account was fulfilled as the acquisition proceedings were not completed as required by the provisions of Punjab Town Improvement Act read with Land Acquisition Act. (b) Punjab Town Improvement Act (IV of 1922)-- ---S. 41(1)--Land Acquisition Act (I of 1894), Ss. 4 & 17--Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949), S.12(3) (b)--Displaced Persons (Land Settlement) Act (XLVII of 1958), S.4-Central Government in exercise of powers conferred by S.12(3)(b) of Pakistan (Administration of Evacuee Property) Ordinance, 1949 according approval to acquisition by the Government of Punjab under Land Acquisition Act, 1894 of evacuee land measuring 70 acres for the purpose of setting up an Industrial Colony on the condition that fair compensation would be assessed in consultation with Custodian of Evacuee Property--Such approval was accorded on assumption that the land was not in occupation of refugees--Improvement Trust of the city accordingly preparing 'industrial Area Scheme' and without obtaining sanction of the Scheme from the Provincial Government allotting plots to industrialists including the respondent on 4-7-1955-Chairman of the Improvement Trust later cancelling the allotment of plot of respondent on 8-9-1955 but the order did not take effect as it was not issued on ground that matter required further discussion-Governor of West Pakistan,…
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