| Citation(s) |
|---|
| 2009 SLG 773 2009 SLD 773 2009 MLD 269 |
Lahore High Court
Writ Petition No. 6456 of 2007, decision Dated: 16-10-2008.
ALI AKBAR QURESHI, JUSTICE
Petitioner(s) by: Ch. Masood Ahmad Ghumman Ms. Shaista Habib, Advocate (in C.M. 1544/2008 under Order I Rule 10, C.P.C.).
Respondent(s) by: Iftikhar Ahmad Mian -LDA along with Mudasar Majeed, Asstt: Director, (Examination), Phase-I, M.A. Johar Town.
Writ Petition No. 6456 of 2007, decision Dated: 16-10-2008.
ALI AKBAR QURESHI, JUSTICE
Petitioner(s) by: Ch. Masood Ahmad Ghumman Ms. Shaista Habib, Advocate (in C.M. 1544/2008 under Order I Rule 10, C.P.C.).
Respondent(s) by: Iftikhar Ahmad Mian -LDA along with Mudasar Majeed, Asstt: Director, (Examination), Phase-I, M.A. Johar Town.
MOMIN AYUB AND 2 OTHERS
VS
LAHORE DEVELOPMENT AUTHORITY THROUGH DIRECTOR
Law: Punjab Acquisition of Land (Housing) Act, 1973
Section: 6
Law: Constitution of Pakistan, 1973
Section: 199
Punjab Acquisition of Land (Housing) Act (VIII of 1973)--- ----S. 6---Constitution of Pakistan (1973), Art, 199---Constitutional Petition---Acquisition of Land for Housing Scheme---Petitioners had sought invalidation of letter, whereby the Development Authority had directed the petitioners to remove the structure/encroachment created by them--Plea raised by the petitioners was that the Authority was estopped by its' own conduct and behaviour to dispute the adjustment of the entitlement of the petitioners and authorities had themselves made an offer of the adjustment of the house of the petitioners, which was constructed after getting approval by the authorities---Validity---Suit property was acquired by Development Authority to establish a housing scheme and after completion of all the formalities, the award was finally announced and the petitioner till today had neither challenged the award before the concerned Authority nor before any Court of law---Constitutional petition was dismissed in circumstances. Quetta Textile Mills Limited, Nadir House, G/F-1, I.I. Chundrigar Road, Karachi v. Pakistan through Secretary, Ministry of Finance, Government of Pakistan, Islamabad and 2 others 2000 YLR 2683; Mst. Nur Jehan Begum through Legal Representatives v. Syed Mujtaba Ali Naqvi 1991 SCMR 2300; Federation of G-6, Welfare Association, Islamabad through its President v. Government of Pakistan through Secretary Housing and Works Islamabad and 2 others 2001 MLD 643 and Pakistan through Secretary, Ministry of Commerce and 2 others v. Salahuddin and 3 others PLD 1991 SC 546 ref. THIS ORDER PASSED BY: ALI AKBAR QURESHI, J.--- The petitioners through this constitutional petition has sought the invalidation of letter, dated 6-1-2007 whereby the respondent-LDA has directed the petitioners to remove the structure/encroachment created by the petitioners on the adjoining plots. The grandfather of the petitioners namely Dr. Sultan Ahmad Cheema purchased a piece of land measuring 1 Kanal 14 Marlas in the Revenue Estate of Bhekaywal, Tehsil and District Lahore in 1978-79 and constructed a house thereon after getting building plan sanctioned by the Lahore Development Authority. The…
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