| Case ID |
2ae9c54e-730a-4f3b-b498-bc29f8a73975 |
| Body |
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| Case Number |
Writ Petition No.4595 of 1988 |
| Decision Date |
Sep 10, 2002 |
| Hearing Date |
Sep 10, 2002 |
| Decision |
The Lahore High Court dismissed the petition filed by Abdul Sattar, a temporary lessee of land reserved as 'Charagah' land for the extension of 'Abadi Deh'. The court ruled that the petitioner had no locus standi to challenge the transfer of the land to the Education Department for constructing a school, as he had previously committed to surrender the land for public purposes. The court emphasized that the petitioner, being a temporary lessee, did not acquire any indefeasible right to proprietary ownership of the land in question, and thus the petition lacked merit. No costs were awarded. |
| Summary |
In the case of Writ Petition No.4595 of 1988, the Lahore High Court addressed the matter of land reserved as 'Charagah' under the Colonization of Government Lands (Punjab) Act. The petitioner, Abdul Sattar, contested the government's decision to transfer the land for the construction of a school, claiming proprietary rights as a landless occupant. The court found that the petitioner, as a temporary lessee, had agreed to surrender the land when required for public use. The ruling underscored the legal principle that temporary leases do not confer permanent rights, especially when public interest is at stake. This case highlights the intersection of land use policy and individual rights, emphasizing that commitments made by lessees cannot be disregarded when public welfare is involved. The decision reinforces the authority of the state to repurpose land for community benefit, a critical aspect of urban planning and resource management in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SAYED ZAHID HUSSAIN, J
|
| Lawyers |
Mian Muhammad Waheed Akhtar,
Ch. Muhammad Hanif Khatana, Addl. A.-G.
|
| Petitioners |
ABDUL SATTAR
|
| Respondents |
MEMBER (COLONIES), BOARD OF REVENUE, PUNJAB through Secretary to Government Punjab Colonies Department, Lahore
|
| Citations |
2003 SLD 2609,
2003 CLC 1049
|
| Other Citations |
Not available
|
| Laws Involved |
Colonization of Government Lands (Punjab) Act (V of 1912),
Constitution of Pakistan (1973)
|
| Sections |
10,
30,
199
|