Case Details

Citation(s)
2010 SLG 1160 2010 SLD 1160 2010 PLJ 498
Lahore High Court
C.R.No. 424 of 2006, decided & hearing on 13.04.2010.
ASAD MUNIR, JUSTICE
Mr. Mujeeb-ur-Rehman Kiyani, Advocate for Petitioner.

RAHM DAD AND 7 OTHERS

VS

MANAGING DIRECTOR FAUJI FOUNDATION, RAWALPINDI AND 2 OTHERS

Law:

Section:

Punjab Land Acquisition Rules, 1983-- ----R. 14(1)--General Clauses Act, 1897, Ss. 3(21) & 3(28)--Civil Procedure Code, (V of 1908), S. 115--Civil revision--Acquisition of land--Fauji Foundation, a charitable trust--Fauji Foundation vide conveyance deed sold and transferred the Textile Mills--Suit for possession of land was filed by petitioner--Textile Mills had abandoned the purpose for which land was acquired as the land was being split into residential plots--Purpose of land had been abandoned--Original owner--Suit was dismissed by Courts below--Challenge to--Applicable of Rule 4(1) where land had been acquired for any department of Govt. or local authority for a public purpose--Validity--Land in-question was acquired for Punjab Post-War Service Reconstruction Fund, which later became Fauji Foundation--Both Foundations were charitable trusts formed under Charitable Endowments Act, 1890, which do not fall within definition of Government or a local authority as given in Ss. 3(21) & 3(28) of General Clauses Act--Held: Petitioners cannot take the benefit of Rule 14 as it applies only where the land had been acquired by Govt. or local authority and it cannot extend to an acquisition of the land in favour of a company or other legal entity of a similar nature--Civil revision was dismissed. Punjab Land Acquisition Rules, 1983-- ----R. 14--Acquired land was utilized for more than 30 years for public purpose and then it was transferred to a company which was said to be utilizing it for purpose other than public purpose--Applicable of Rule 14 of Rules 1983--Validity--Rule 14 would apply if the land was never used for the public purpose for which it was acquired, but would not apply where the public purpose was abandoned after the land had been used for declared public purpose for a considerable period of time--Revision was dismissed. 2006 CLC 1, ref. Punjab Land Acquisition Rules, 1983-- ----R. 14--Acquisition of land for the purpose of Trust--Acquired land was transferred to textile mills--Purpose of land had been abandoned--Claim being original owner of land--Applicable of Rules 14 of Punjab Land Acquisition Rules--Rule 14 even when it is applicable does not…
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