Law: Punjab Land Acquisition Rules, 1983

Section: 14,14(1)

Law: General Clauses Act, 1897

Section: 3(21),3(28)

Punjab Land Acquisition Rules, 1983--- ----R. 14---General Clauses Act (X of 1897), S.3(21) & (28)---Specific Relief Act (1 of 1877), S.8---Suit for possession---Acquisition of land in year 1952 for Punjab Post War Services Reconstruction Fund, and Fauji Foundation---Sale of such land by the Foundation to a company in year 1985---Utilization of such land by company for a purpose other than the public purpose---Plaintiff being original owner of acquired land seeking restoration of its possession---Validity---Rule 14 of Punjab Land Acquisition Rules, 1983 would apply only where land had been acquired for any department of Government or Local Authority for a Public purpose---Such Fund and Foundation formed under Charitable Endowments Act, 1890 would not fall with definition of Government or Local Authority as given in S.3(21) & (28) of General Clauses Act, 1897---Benefit of R.14 of Punjab Land Acquisition Rules, 1983 was not extendable to an acquisition of land in favour of a company or other legal entity of similar nature---Rule 14 of Punjab Land Acquisition Rules, 1983 would apply, where land was never used for public purpose, but would not apply where public purpose was abandoned after having used land for declared public purpose for a considerable period of time---Rule 14 of Punjab Land Acquisition Rules, 1983, if applicable in a case, did not provide return of land to its original owners or their heirs, but gave discretion to Government to return land to its owners---Such Fund and Foundation had utilized land for public purpose for more than 30 years and then transferred same to a company, which abandoned declared public purpose---Plaintiff was not entitled to return of land acquired---Suit was dismissed in circumstances. Rana Abdul Qadir and others v. Government of Pakistan, M/O Defence Production Division through Secretary Defence, Rawalpindi and others 2006 CLC 1 and Bashir Ahmad Akhtar and others v. Collector, Land Acquisition and others 1992 MLD 2364 rel. Rana Ziladar Khan v. Province of Punjab through Collector Sialkot and others 2010 YLR 1212 and Province of Punjab through Collector and others v. Saeed Ahmad and another PLD 1993 SC 453…

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