| Case ID |
371a39d7-b4c8-4ebf-973b-2b8846eac8c6 |
| Body |
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| Case Number |
C.R. No. 1887 of 2007 |
| Decision Date |
May 29, 2009 |
| Hearing Date |
May 29, 2009 |
| Decision |
The revision petition was accepted, and the decree dated 19.07.2007 passed by the learned Additional District Judge, Sialkot was set aside. The original decree dated 31.10.2005 in favor of the petitioner was restored and maintained. The court held that the land in dispute was not utilized for the intended purpose, and therefore, under Rule 14 of the Punjab Land Acquisition Rules, 1983, it should be reverted to the original owner. The decision emphasized the importance of fair exercise of discretion by the government in returning unutilized land. |
| Summary |
In the landmark case of C.R. No. 1887 of 2007, the Lahore High Court examined the implications of the Punjab Land Acquisition Rules, 1983 regarding the return of land acquired by the government but not utilized for its intended purpose. The case revolved around a dispute involving land measuring 8-kanals 9-marlas in Village Goalian, Tehsil Daska, District Sialkot, which was acquired by the Punjab Government to establish a Jinnah Colony. When the colony scheme was abolished, the petitioner, Rana Ziladar Khan, sought a declaration that the acquisition was made in bad faith and requested the return of the land. The court acknowledged that sufficient evidence indicated the land remained vacant and unused for nine years, thus ruling in favor of the petitioner. This case underscores the principle that land acquired for public purposes must be utilized accordingly, or it should revert to its original owner, highlighting the legal protections for landowners under the Punjab Land Acquisition Rules. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SATTAR GORAYA, JUSTICE
|
| Lawyers |
Mian Tahir Maqsood, Advocate for Petitioner,
Mr. Amjad Ali Chattha, Assistant Advocate General for Respondents
|
| Petitioners |
RANA ZILADAR KHAN
|
| Respondents |
PROVINCE OF PUNJAB THROUGH COLLECTOR SIALKOT AND OTHERS
|
| Citations |
2010 SLD 1062,
2010 PLJ 49
|
| Other Citations |
PLD 1993 SC 455
|
| Laws Involved |
Punjab Land Acquisition Rules, 1983
|
| Sections |
14
|