Case Details

Citation(s)
1999 SLG 1107 1999 SLD 1107 1999 CLC 2018
Lahore High Court
Writ Petition No. 12219 of 1996, decision dated: 5-04-1999
IHSANUL HAQ CHAUDHRY, J
S.M. Nasim for Petitioners. Rana Muhammad Arif, Addl. A.-3. for
Respondents

Syed ABID HUSSAIN and anothers

VS

GOVERNMENT OF PUNJAB and others

Law:

Section:

(a) Punjab Acquisition of Land (Housing) Act (VIII of 1973)---------Ss. 4 & 13---Constitution of Pakistan (1973), Art.199---Constitutional petition---Exemption of land to the owners---Land of the petitioners was acquired by Provincial Government and exemption of land was given to the petitioners in excess of compensation awarded to them---Such compensation excess of entitlement was cancelled by the Provincial Government ---Validity--­Provincial Government did not enjoy any power, whatsoever of relaxing the limit of exemption---Petitioners were entitled to exemption in accordance with the law prevailing at the time when the land was acquired and as per the award and not in accordance with the subsequently amended law---Order of the Provincial Government cancelling the exemption was upheld in circumstance. Sadiq Hussain v. Lahore Development Authority, Lahore through Director-General and 2 others PLD 1995 Lah. 339; Chairman, Selection Committee/Principal, King Edward Medical College, Lahore v. Wasif Zamir Ahmad 1997 SCMR 15; Muhammad Tufail v. Lahore Development Authority and others 1997 MLD 2642; Rao Khalid Anwar Khan and 3 others v. Mst. Zaib-un-Nisa and 13 others 1997 CLC 97 and Shahid Javed v. Government of the Punjab and others 1998 PLC (C.S.) 122 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction---Scope---Illegal and ill-gotten benefits were not to be protected and illegalities should not be perpetuated in Constitutional jurisdiction or in suits. Nawab Syed Raunaq Ali,and others v. Chief Settlement Commissioner and others PLD 1973 SC 236; Wali Muhammad v. Sakhi Muhammad PLD 1974 SC 106; Syed Nazim Ali and others v. Syed Mustafa Ali and others 1981 SCMR 231; Messrs Norwich Union Fire Insurance Society Limited v. Muhammad Javed Iqbal 1986 SCMR 1071; Federation of Pakistan v. Haji Muhammad Saifullah Khan PLD 1989 SC 166; Syed Ali Shah v. Abdul Saghir Khan Sherwani PLD 1990 SC 504; Nagina Cotton Mills Ltd. v. Pakistan 1990 CLC 1337 and G.M. Malik, Chairman, Board of Intermediate and Secondary Education, Faisalabad v. Province of Punjab 1990 CLC 1783 rel. (c) Administration of justice--- ---- Illegal and ill-gotten…
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