2010 PLP 1432 (CLC)
MUHAMMAD ILYAS BAIG — Petitioner Versus GOVERNMENT OF PUNJAB — Respondent
| Citation | 2010 PLP 1432 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD ILYAS BAIG — Petitioner Versus GOVERNMENT OF PUNJAB — Respondent |
| Primary Law | Land Acquisition Act (I of 1894) |
Q1: What are the key laws and sections cited in 2010 PLP 1432 (CLC)?
This judgment primarily cites: Land Acquisition Act (I of 1894) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 1432 (CLC)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 1432 (CLC) (MUHAMMAD ILYAS BAIG — Petitioner Versus GOVERNMENT OF PUNJAB — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Azfar Amin for Petitioner.
Headnotes / Summary
S. 4
Punjab Land Acquisition Rules, 1980, R. 7
West Pakistan Land Revenue Act (XVII of 1967), S.17
Constitution of Pakistan (1973), Art.199--Constitutional petition
Petitioner contended that government issued notification, under S.4 of the. Land Acquisition Act, 1894 more than two years ago i.e. on 6-1-2007 but made no progress towards acquisition of the land so the notification was liable to be declared void inasmuch as the circle Patwari had refused to issue copy of register Haqdaran-e-Zameen to the petitioner
Notification in question having been issued more than two years ago had become infructuous as proceedings of acquisition of land automatically lapsed after 14 months under R.7 of the Punjab Land Acquisition Rules, 1980
No legal sanctity was attached to the notification under S.4 of the Land Acquisition Act, 1894 if no further action pursuant thereto was taken by the authority within a period of one year and two months
High Court observed that Patwari being a custodian of public documents, could not refuse issuance of "Fard" and copy of Register Haqdaran-e-Zameen which was a public document
Constitutional petition was disposed of accordingly.
Judgment & Decree
CH. MUHAMMAD TARIQ, J.
Learned counsel for the petitioner contends that the petitioner is aggrieved from the notification dated 6-1-2007 under section 4 of Land Acquisition Act, 1894 whereby respondent No.2 showed his intention that land measuring 78 kanals and 171/2 marlas fully described in para 2 of the writ petition is likely to be acquired for public purposes namely for the establishment of Housing Colony for Overseas Pakistanis in District Rawalpindi.
2. Learned counsel for the petitioner contends that since the day when notification under section 4 of the Land Acquisition Act was published, the Government has not made any progress in this behalf. Therefore, writ petition be allowed and notification under section 4 of the Land Acquisition Act hereinabove mentioned be declared as void because the circle patwari has refused to issue copy of register haqdaran-e-zameen to the petitioner.
3. Arguments heard. Record perused.
4. According to the contents of writ petition, the notification under section 4 of the Land Acquisition Act was issued on 6-1-2007 which was published in the extraordinary issue of the Punjab Gazette on 15-3-2007 a period of more than three years has lapsed. So the above said notification has become infructuous because no legal sanctity is attached with the notification under section 4 of the Land Acquisition Act if no further action pursuant thereto was taken by the authority within a period of one year and two months. Proceedings for acquisition of land automatically lapse after 14 months in view of rule 7 of Punjab Land Acquisition Rules, 1980.
5. As discussed above, the petitioner has no locus standi to challenge the above said notification issued on 15-3-2007 as no further action was taken by the, competent authority within the provided period of 14 months.
6. The next grievance of the petitioner is that in the shadow of above said notification, the circle Patwari has refused to issue "Fard" copy of Register Haqdaran-e-Zameen to the petitioner is again without substance because a patwari is custodian of Revenue Record which is public document. The petitioner has vested right to ask for the copy of public record and the patwari/revenue field staff has no authority to refuse to issue copy of Revenue Record in possession of Revenue Staff unless there is specific legal restraint order. With the above observation, this writ petition is disposed of. A.R.K./M-399/L Petition disposed of.