Law:

Section:

Works of Defence Act (VII of 1903)---.--- ---.----Ss.2(j) & 3---.---Notification S.R.O.279(I)/2007---.---National Command Authority Ordinance (LXX of 2007), S.2(d)---.---Land Acquisition Act (I of 1894), Ss. 35 & 36---.---Constitution of Pakistan (1973), Arts. 23, 24 & 199---.---Constitutional petition---.---Works of defence---.---Restriction on use of property---.---Petitioners were owners of properties situated in the vicinity of Pakistan Institute of Nuclear Science and Technology (PINSTECH)---.---Petitioners were aggrieved of notification S.R.O.279(I)/2007, whereby authorities restrained all owners of the properties from alienating the same unless permitted by the authorities---.---Plea raised by petitioners was that such restriction was ultra vires the Constitution and PINSTECH did not fall under the definition of works of defence as defined in S.2 (j) of Works of Defence Act, 1903---.---Petitioners further raised the plea that authorities could have acquired their properties under Land Acquisition Act, 1894---.---Validity---.---Restrictions imposed for unlimited period were not reasonable restrictions as enshrined in Art.23 of the Constitution---.---Authorities did not object to construction raised by people for the last sixty years and then all of a sudden a notification was issued to impose restrictions on the entire vicinity without prescribing time limit to keep public in lurch for an indefinite period---.---Restrictions imposed by the notification for indefinite period were not reasonable restrictions---.---High Court following the analogy of Ss.35 and 36 of Land Acquisition Act, 1894, directed the authorities to prescribe any definite period for temporary restrictions but not exceeding three years from the date of notification otherwise notification would be deemed to have been lapsed after a period of three years---.---Authorities were entitled to acquire property in accordance with procedure laid down Land Acquisition Act, 1894 after a period of three years from the date of the notification if deemed necessary in the interest of sovereignty of Pakistan---.---Petition was disposed of accordingly. Jamat-i-Islami Pakistan v. Federation of…

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