| Case ID |
08545314-6eb5-4696-bab8-c4759590089f |
| Body |
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| Case Number |
C.M.As. Nos.6522 and 6523 in Suit No.870 of 2008 |
| Decision Date |
Jun 30, 2008 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the injunction application filed by Precious Industrial Park (Private) Limited against the Province of Sindh, ruling that the plaintiff failed to establish a prima facie case. The court emphasized that the suit was based on assumptions and apprehensions rather than concrete evidence of legal violations by the government. The plaintiff's claims regarding the unlawful resumption of land were deemed speculative, as no formal notice for cancellation had been issued. The court also highlighted the absence of unanimous agreement within the Scrutiny Committee regarding the land allotment, undermining the plaintiff's position. Therefore, the application for an injunction was rejected, reinforcing the principle that mere apprehension of loss does not warrant judicial intervention without substantive proof. |
| Summary |
In the case involving Precious Industrial Park (Private) Limited and the Province of Sindh, the Sindh High Court addressed a dispute concerning the allotment and potential resumption of government land. The plaintiff sought an injunction to prevent the defendants from resuming possession of land that had been allocated for industrial development. The court examined the legality of the allotment process under the Colonization of Government Lands (Punjab) Act, 1912, and the Sindh Disposal of Urban Land Ordinance, 1999. The plaintiff argued that they had complied with all legal requirements and had invested significantly in the development of the land. However, the court found that the plaintiff's case was primarily based on conjecture and that no formal action had been taken by the government to cancel the allotment. Ultimately, the court ruled that the injunction application lacked merit, emphasizing that the plaintiff had not demonstrated a prima facie case nor an irreparable loss. This case highlights the importance of substantiating claims in land disputes, particularly when dealing with government entities. Keywords related to this case include land allotment, injunction, government land disputes, and legal compliance. |
| Court |
Sindh High Court
|
| Entities Involved |
PROVINCE OF SINDH,
PRECIOUS INDUSTRIAL PARK (PRIVATE) LIMITED
|
| Judges |
ARSHAD NOOR KHAN, J
|
| Lawyers |
M. Naimur Rehman,
Munir-ur-Rehman
|
| Petitioners |
PRECIOUS INDUSTRIAL PARK (PRIVATE) LIMITED
|
| Respondents |
PROVINCE OF SINDH,
Defendant No.2,
Defendant No.3,
Defendant No.4,
Defendant No.5
|
| Citations |
2008 SLD 853,
2008 CLC 1373
|
| Other Citations |
1999 CLC 1173,
1976 SCMR 393,
1990 MLD 2230
|
| Laws Involved |
Colonization of Government Lands (Punjab) Act, 1912,
Sindh Disposal of Urban Land Ordinance, 1999
|
| Sections |
10(2),
8(1)(b),
24,
6(2)
|