| Citation(s) |
|---|
| 2007 SLG 2721 2007 SLD 2721 2007 CLC 1480 |
Lahore High Court
MUHAMMAD MUZAMMAL KHAN, J
Arif Chaudhary for Petitioner. Mian Muzaffar Hussain for L.D.A
MUHAMMAD MUZAMMAL KHAN, J
Arif Chaudhary for Petitioner. Mian Muzaffar Hussain for L.D.A
MUHAMMAD ZULFIQAR
VS
LAHORE DEVELOPMENT AUTHORITY through DirectoRGENERAL and 2 others
Law:
Section:
Land Acquisition Act (I of 1894)--- ----S. 11---Constitution of Pakistan (1973), Art.199---Constitutional petition---Price of acquired land assessed in award by Land Acquisition Collector---Refusal of Authority to give exempted plot to petitioner except at such price---Refusal of Authority to re-assess such price as directed by Ombudsman---Authority before High Court undertook to work out fresh price, but later on conveyed its decision to petitioner that such price assessed by Collector was justified---Validity---Authority had not complied with its undertaking and order of Ombudsman---High Court had adjudged earlier decisions of Authority with direction to work out fresh price, which exercise had been avoided illegally---Impugned decision of Authority was in clear conflict with consent order of High Court, thus, could not be allowed to be sustained---Authority as per its undertaking should have adopted legal modes of determining price of land including its location, potential and rate of lands in the vicinity---Simply saying price assessed by Collector was justified would not be compliance of consent order of High Court---High Court accepted constitutional petition and declared impugned decision to be void, resultantly matter of determination of price of land would be deemed to be pending before Authority, who would decide same afresh in. according with law. ORDER MUHAMMAD MUZAMMAL KHAN, J.---Instant constitutional petition assailed the order dated 31-5-2004 passed by the Director Estate Management, QAT/LDA, Lahore to be declared illegal, void and of no legal consequence whereby compensation already assessed by the LAC was held to be justified. 2. Precisely, relevant facts are that petitioner's father owned a piece of land which was acquired in the year 1963 by the Housing and Physical Planning Department for laying a Residential Housing Scheme which subsequently transferred to the Lahore Development Authority. Father of the petitioner was not granted any exemption or cash compensation and the petitioner approached to the Provincial Ombudsman, claiming compensation of the land acquired/utilized. The Provincial Ombudsman required the Director Estate Management…
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