Case Details

Citation(s)
2003 SLG 2667 2003 SLD 2667 2003 CLC 1315
Lahore High Court
Amended Writ Petition No. 15579 of 1996, heard on 11-03-2003.
SAYED ZAHID HUSSAIN, J

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Mirza BASHIR MUHAMMAD and 10 others through Legal Heirss

VS

DEPUTY COMMISSIONER/DISTRICT COLLECTOR OKARA and 6 others

Law:

Section:

Constitution of Pakistan (1973)-------Arts. 24 & 199---Constitutional petition---Protection of property rights---Land of the petitioners was proposed to be utilized for constructing a Stadium by the Government---Petitioners agreed for giving their land subject to the grant of alternate land---Exchange of land was said to have been agreed between the District Administration and the petitioners but was not given effect to in the Revenue Record despite the affirmative report by the field staff---Constitutional petition---Deputy Commissioner admitted the acquisition of land but contended that there was nothing on the record to show as to whether any commitment for providing alternate land or compensation with regard to standing crops etc. was ever made by the Competent Authority---Claim of the petitioner for the grant of alternate land in lieu of his ownership, however appeared to be justified---Board of Revenue was of the view that the petitioners should get in touch with the Provincial Sports Board for finalizing the acquisition proceedings and compensation to be determined by the District Collector---Validity---Course envisaged in Art.24 of Constitution of Pakistan, was not adopted and process was not followed for taking over the property---Petitioners were paid no compensation whatsoever for the same---Deputy Commissioner had recommended the case of the petitioners while the petitioners had been clamouring that there was understanding and promise held out to them for alternate land to be given in lieu of their land used for the construction of Stadium--­View of Board of Revenue was purely unrealistic and technical and it could not be conceived that Board of Revenue would be helpless in resolving such an issue---Constitutional petition was allowed and the case was entrusted to Board of Revenue (Colonies Department) for resolving the matter. Syed Kaleem Ahmed Khurshid for Petitioners. Muhammad Hanif Khatana, Addl.-A.-G. for Respondents. Date of hearing: 11th March, 2003. JUDGMENT It is the case of the petitioners that in the year 1994, the Government thought of constructing a Stadium at Hujra Shah Muqeem, Tehsil Depalpur, District Okara. To implement that…
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