1994 PLP 1895 (MLD)
Rana ABDUL MAJID and others — Petitioners Versus FAISALABAD DEVELOPMENT AUTHORITY — Respondent
| Citation | 1994 PLP 1895 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Irshad Hasan Khan, J |
| Parties | Rana ABDUL MAJID and others — Petitioners Versus FAISALABAD DEVELOPMENT AUTHORITY — Respondent |
| Primary Law | Punjab Acquisition of Land (Housing) Act (VIII of 1973) |
Q1: What are the key laws and sections cited in 1994 PLP 1895 (MLD)?
This judgment primarily cites: Punjab Acquisition of Land (Housing) Act (VIII of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 1895 (MLD)?
The case was heard and decided by the Lahore bench comprising: Irshad Hasan Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 1895 (MLD) (Rana ABDUL MAJID and others — Petitioners Versus FAISALABAD DEVELOPMENT AUTHORITY — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Nazir Ahmad and Ch. Hamid-ud-Din for Petitioners.
- All Akhtar Qureshi, Rana Muhammad Arshad, Addl. A: G. and Ch. Muhammad Abdullah for Respondent.
- Date of hearing: 7th November, 1992.
Headnotes / Summary
S.4
Effect
Land in dispute was acquired by Authority by Notification and in pursuance of acquisition proceedings, possession of land was taken by Authority and compensation of acquired land was also paid to owners thereof
Later on Authority withdrew earlier notification according to which land was acquired and miners refunded compensation received by them in respect of land in dispute, but instead of delivering back possession of land to original owners, same was allotted to other persons who otherwise had trespassed into land in dispute-After de-notification of acquisition of land in dispute, its ownership did not vest with Authority" and Authority had no power to allot same to persons other than original ownersr--Order allotting de-notified land to persons other than original owners after de-notification was set aside being illegal.
Judgment & Decree
Petitioners case is that they are owners of land measuring 4 Kanals 9 Marlas in Killa No.17 min. Square No.25, Chak No.213/RB, Faisalabad Town, acquired by the Deputy Commissioner/Collector, Faisalabad, vide Gazette Notification No.236/DRA, dated 30-5-1973 under section 4 of the Punjab Acquisition of Land (Housing) Act, 1973, for the construction of multi-storied residential colony by the Housing and Physical Planning Department.
2. It is an admitted fact that in pursuance of acquisition proceedings, possession of the land in dispute was taken by the Faisalabad Development Authority and compensation was also paid to the owners. Subsequently, vide Notification No.86/DRA, dated 30-1-1984, published in the Punjab Gazette of February 29, 1984, respondent No.4 withdrew the earlier notification and in consequence thereof the petitioners refunded the compensation received by them in respect of the land in dispute to respondent No.1, as required by him vide letter No.3023, dated 8-7-1980. It is alleged that in consequence of the de-notification of the land in dispute, the petitioners approached respondent No.2 to deliver back the possession thereof, whereupon respondent No.2 directed the Tehsildar to do the needful, but it transpired during the proceedings that respondents Nos.5 to 33 had trespassed into the land and they also resisted delivery of the possession:
3. Ch. Muhammad Abdullah, learned counsel for respondents Nos.5 to 33 submitted that the land in dispute has been provisionally allotted to the respondents by the Faisalabad Development Authority under the Socio-Economic Programme for the grant of proprietary rights to dwellers of Katchi Abadi.
4. Be that as it may, it is an admitted fact that after de-notification of acquisition of the land in dispute, its ownership did not vest with the Faisalabad Development Authority, and, therefore, the latter had no authority to allot the same to respondents Nos.5 to 33 through separate allotment letters issued in November, 1986. In view of the above, the allotment of land in dispute by the Faisalabad Development Authority to respondents Nos.5 to 33 is hereby declared as without lawful authority and of no legal effect and any action or proceedings taken in pursuance of the said allotment orders are also declared as without lawful authority and of no legal effect. Respondents Nos.1 to 4 shall take appropriate legal proceedings against respondents Nos.5 to 33 for delivery of possession of the land in dispute to the rightful owners from whom it was taken. Resultantly, the writ petition is accepted but there shall be no order as to costs. H.B.T./A-629/L?????????????????????????????????????????????????????????????????????????????????? Petition accepted.