| Citation(s) |
|---|
| 2006 SLG 1917 2006 SLD 1917 2006 CLC 1 |
Lahore High Court
Writ Petition No. 12178 of 1992, decision dated: 8-11-2005.
SYED ZAHID HUSSAIN, J
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Writ Petition No. 12178 of 1992, decision dated: 8-11-2005.
SYED ZAHID HUSSAIN, J
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Rana ABDUL QADIR and 4 others
VS
GOVERNMENT OF PAKISTAN, MINISTRY OF DEFENCE, DEFENCE PRODUCTION DIVISION, through Secretary Defence, Rawalpindi and 6 others
Law:
Section:
Punjab Land Acquisition Rules, 1983-------R. 14---Constitution of Pakistan (1973), Art.199---Constitutional petition---Acquired land, for which all formalities had already been completed and award announced and compensation paid, was not utilized for the purpose for which the same was acquired---Petitioners (sons of the deceased original landowner) sought direction from the High Court under Art.199 of the Constitution for release and handing over the land in question to them, thus, being the legal heirs of the original owner of the land in question, for which they (petitioners) were willing to pay the amount received at the time of award by their late father---Validity---Distinction needed to be kept in view in the case of withdrawal from acquisition and where the acquisition was complete in all respects but the erstwhile landowners sought return of the land---Rule 14, Punjab Land Acquisition Rules, 1983 made it clear that on abandonment of the land and its purpose, the same was to be handed over to the Collector who was then responsible for its disposal in accordance with the orders of the Government---No direction of absolute nature, therefore, could be issued by the High Court to the authorities to return the land to the petitioners and proper course open to them, under R.14, Punjab Land Acquisition Rules, 1983 was to approach the Government for consideration of their request---Constitutional petition was dismissed. Bashir Ahmed Akhgar and others v. Collector, Land Acquisition and others 1992 MLD 2364 rel. Province of Punjab through Collector, Lahore and another v. Saeed Ahmad and 4 others PLD 1993 SC 455; Yaqoob Khan v. Government of Punjab and others 1986 SCMR 1224; Bashir Ahmed Akhgar and others v. Collector, Land Acquisition and others 1992 MLD 2364, Mst. Kishwar Sultana and another v. Province of Punjab through District Officer Revenue/Notified Officer and 3 others PLJ 2005 Lahore 1113 and Bostan v. Land Acquisition Collector, Rawalpindi and 4 others PLD 2004 Lah. 47 ref. Mian Dilawar Mahmood for Petitioner. Ch. Yawar Ali, Deputy. A.-G. for Respondents Nos. 1, 6 and 7. Ch. Aamir Rehman, Addl. A.-G. for Respondents Nos.2 to 5. Date of hearing: 8th…
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