Law:

Section:

Law Reforms Ordinance (XII of 1972)---S. 3----Civil Procedure Code (V of 1908), Ss.96, 100, 104(1), 105 & O.XLIII, R.I---Constitution of Pakistan (1973), Arts.199 & 185(3)---Intra-court appeal against the passed in constitutional petition under Art.199 of the Constitution was disposed of with the consent of the parties as having not been pressed---Effect---Petitioners had the right to object to the passed in constitutional petition through intra court appeal but while withdrawing the same or not pressed the same before the Division Bench hearing the intra court appeal, petitioners were estopped from challenging the same any further before the Supreme Court---Petition for leave to appeal was dismissed in circumstances. Smt. Ganga Bai v. Vijay Kumar and others AIR 1974 SC 1126; Abdul Wahab and others v. Habib Ali PLD 1969 Lah. 365; Gurcharan Singh minor son and representative of Harnam Parsad through Mangal Singh v. Gurdev Singh and others AIR 1922 Lah. 309 ref. ORDER MUHAMMAD AKHTAR SHABBIR, J.--- We propose to dispose of through this order. C.M.A. No.160-L/2008 and Civil Petition No.194-L/2008 and Civil Petition No.172-L/2008 arising out of the same impugned judgment of the Lahore High Court, Lahore. 2. The brief facts giving rise to the present petitions for leave to appeal are that land measuring 16 Kanal, 7 Marlas, 120 sq.ft. belonging to one Fazal Haq son of Ahmad Ali, situated in revenue estate of Mauza Ichhra, District Lahore has been acquired by Lahore Improvement Trust for its New Garden Town Scheme. According to the policy of the Trust 2/3 of the land of each owner utilized for the said housing scheme was to be exempted in his favour in the form of developed plots on payment of development and other charges, but no compensation in any other form was payable to the land owners. The Plot No.4 measuring 2 Kanals, 16, Marlas 114 sq.ft. located/situated in Ali Block of New Garden Town has been exempted by the Trust in favour of Fazal Haq in the year 1969 and an agreement had been executed by the Lahore Improvement Trust in favour of the land owner on 9-7-1970 which was registered by Sub Registrar on 14-7-1970. The said plot No.4 was thereafter put…

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