| Case ID |
006267eb-8de0-475e-b5a6-03553a29903a |
| Body |
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| Case Number |
Writ Petition No.1664 of 2006 |
| Decision Date |
Dec 06, 2006 |
| Hearing Date |
Dec 06, 2006 |
| Decision |
The Lahore High Court ruled that the condition imposed by the Board of Revenue requiring the petitioners to repay the market value for the return of their acquired land was unlawful and unconstitutional. The court emphasized that once the government opted to return the land, it could not impose additional conditions beyond the refund of the original compensation amount, less 15% for compulsory acquisition. The court found that the government had no discretion to demand market value once it had decided to restore the land to the original owners or their heirs. The petitioners were entitled to the return of their land upon refunding the compensation amount as prescribed by the Punjab Land Acquisition Rules, 1983. |
| Summary |
This case involves a constitutional petition concerning the return of land acquired by the government for public purposes under the Punjab Land Acquisition Rules, 1983. The petitioners, SAJJAD AHMED and others, contested the imposition of a condition by the Board of Revenue, which required them to pay the prevailing market price for the return of their land. The Lahore High Court, presided over by MIAN HAMID FAROOQ, J, found that the government's action was not in accordance with the established legal framework. The court clarified that once the government exercised its discretion to return the land, it could not impose any further conditions. This decision is significant as it reinforces the legal rights of landowners in similar situations, ensuring that they are not subjected to arbitrary demands by the state when the government decides to return acquired land. The ruling also highlights the importance of adhering to the provisions set forth in the Punjab Land Acquisition Rules, which aim to protect the interests of landowners against potentially exploitative practices by government entities. The case sets a precedent in affirming property rights and ensuring that legal obligations under acquisition laws are honored, thereby providing clarity and protection for landowners in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN HAMID FAROOQ, J
|
| Lawyers |
Muhammad Tufail Alvi,
Zafarullah Khan Khakwani,
Shafiq Ahmed
|
| Petitioners |
SAJJAD AHMED
|
| Respondents |
SECRETARY, GOVERNMENT OF THE PUNJAB, REVENUE DEPARTMENT/MEMBER BOARD OF REVENUE
|
| Citations |
2007 SLD 921 = 2007 CLC 811
|
| Other Citations |
1986 SCMR 1224,
PLD 1993 SC 455,
1992 MLD 2364,
2005 CLC 1
|
| Laws Involved |
Punjab Land Acquisition Rules, 1983,
Constitution of Pakistan, 1973
|
| Sections |
14,
14(2)(ii),
14(2),
25
|