| Citation(s) |
|---|
| 2010 SLG 2672 2010 SLD 2672 2010 SCMR 431 |
Supreme Court of Pakistan
Civil Appeal No.1382 of 2002, decision dated: 30-10-2009
ANWAR ZAHEER, JAMALI, KHILJI ARIF HUSSAIN AND TARIQ PARVEZ KHAN, JJ
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Civil Appeal No.1382 of 2002, decision dated: 30-10-2009
ANWAR ZAHEER, JAMALI, KHILJI ARIF HUSSAIN AND TARIQ PARVEZ KHAN, JJ
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GOVERNMENT OF THE PUNJAB through Chief Secretary, Punjab, Lahore High Court-
VS
. NASEER AHMAD KHAN through L.Rs. and others Per Tariq Pervez Khan, J, Anwar Zaheer Jamali, J, agreeing.
Law:
Section:
(a) West Pakistan Acquisition of Property (Residence of Government Officials) Ordinance (XXV of 1963)-------Preamble---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to consider; legal status of West Pakistan Acquisition of Property (Residence of Government Officials) Ordinance, 1963; whether the Ordinance, could fall into the category of law; whether issuance of notice was necessary before proceeding in the matter under the Ordinance; and if at all acquisition was valid then as to whether proper compensation as envisaged in law had been paid. (b) West Pakistan Acquisition of Property (Residence of Government Officials) Ordinance (XXV of 1963)--- ---S. 1 & Sched.---Acquisition of property---Effect---Bungalow in question was allotted to respondent but authorities retained possession on the basis of West Pakistan. Acquisition of Property (Residence of Government Officials) Ordinance, 1963---Validity---Ordinance in question was for individual benefit and not for benefit of public at-large and as the same had taken away fundamental rights of citizen of country was unconstitutional and all acts done thereunder were void ab initio---Supreme Court declined to interfere in the passed by High Court---Appeal was dismissed. Nawabzada Muhammad Umar Khan (represented by his legal heirs) and 4 others v. Pakistan through Secretary, Cabinet Division and 2 others PLD 1982 Pesh. 1 and Pakistan through Cabinet Division, Islamabad and others v. Nawabzada Muhammad Umar Khan now represented by Kh. Muhammad Khan of Hoti and others 1992 SCMR 2450 ref. Per Khilji Arif Hussain, J, agreeing with Tariq Parvez Khan, J.--- (c) Constitution of Pakistan (1973)--- ----Art. 25---Equality---Principle of reasonable classification-Scope--Doctrine-of equality, as contained in Art. 25 of the Constitution, enshrines golden rules of Islam and states that every citizen, no matter how highsoever, must be accorded equal treatment with similarly situated persons---State may classify persons and objects for the purpose of legislation and make laws applicable only to persons or objects within a class---In fact all legislations involve some kind of…
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