Law:

Section:

Cooperative Societies Act (II of 1912)--- ----S. 18---Allotment of land to Society---Cancellation of---Cooperative Housing Society was duly allotted land alongwith portion of land which though was situated in Sector which was to be constructed by Society, but fell within limits of other Housing Scheme---Society after taking physical possession of land including land in dispute prepared layout plan and submitted for formal approval to the respondent Authority and in joint meeting of representatives of Society and Authority lay-out plan was authenticated by engineer of Authority and Society also paid amount of land so allotted and amount for outer development of land---Authority subsequently advised Society to exclude disputed area from planning and offered alternate land to Society in lieu of that land , which was refused by Society---On refusal of Society, Authority not only declined to pass lay-out plan prepared by Society, but also ordered Society to give up disputed portion of land---Land in dispute which was duly allotted and confirmed in name of Society and was in physical possession of Society, having never been acquired by the Authority in accordance with relevant law, could not subsequently be taken back without any sufficient reason---Society could not be deprived of huge area of land merely because same fell within corridor of other Scheme. JUDGMENT MAMOON KAZI, J.---This petition was allowed by us by a short order dated 6-2-1992 for reasons to be recorded separately. We now proceed to record our reasons. 2. The petitioner in this case is a Cooperative Housing Society which under a settlement duly approved by the Martial Law Administrator, Zone `C' had been allotted by the Board of Revenue Government of Sindh 542 acres of land including 23 acres of land situated in Sector 18-B which fall within the limits of Housing Scheme No.33 in Taluka and District Karachi. An agreement of sale in respect of 542 acres of the said land was also executed between the petitioner and the Deputy Commissioner, Karachi East on behalf of the Government of Sindh and the petitioner thereafter was handed over physical possession of the entire piece and parcel of land. This…

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