| Case ID |
37a338a4-5167-476d-99cc-bcaee2900101 |
| Body |
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| Case Number |
Civil Petition No. 633 of 1979 |
| Decision Date |
Apr 27, 1985 |
| Hearing Date |
Apr 27, 1985 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal regarding the acquisition of land measuring 406 Kanals 1 Marla, which was claimed by the petitioner, Rizwan Cooperative Society Ltd. The court established that the petitioner had locus standi to challenge the validity of the acquisition proceedings initiated by the Lahore Development Authority. It was determined that the land in question was not included in the development scheme formulated by the Lahore Improvement Trust, and thus the ownership rights of the petitioner were upheld. The court urged the Lahore High Court to prioritize the pending writ petitions related to the disputed land to expedite resolution of the matter. |
| Summary |
In a significant ruling by the Supreme Court of Pakistan, the case of Rizwan Cooperative Society Ltd. versus Lahore Development Authority addressed critical issues surrounding land acquisition and ownership rights. The petitioner challenged the acquisition of a specific land parcel, asserting their ownership based on a Registered Sale-Deed executed in 1964. The court found that the land was not covered by the development scheme of the Lahore Improvement Trust, thus upholding the petitioner's claims. This case highlights the importance of legal rights in land acquisition processes and emphasizes the necessity for clear governmental approvals in property dealings. The decision reinforces the principle that ownership rights cannot be easily overridden without due process and proper legal justification. As this case unfolds, it will serve as a precedent for future land acquisition disputes and ownership claims, particularly in the context of evacuee properties. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore Development Authority,
Custodian of Evacuee Property,
Lahore Improvement Trust,
Rizwan Cooperative Society Ltd.
|
| Judges |
ASLAM RIAZ HUSSAIN,
NASIM HASAN SHAH
|
| Lawyers |
Iftikhar Ahmad Dar, Advocate Supreme Court,
Abid Nawaz, Advocate-on-Record,
Farooque Zaman, Advocate Supreme Court
|
| Petitioners |
RIZWAN COOPERATIVE SOCIETY LTD.
|
| Respondents |
others,
LAHORE DEVELOPMENT AUTHORITY, LAHORE
|
| Citations |
1986 SLD 458,
1986 SCMR 418
|
| Other Citations |
Lahore Improvement Trust v. The Custodian, Evacuee Property, West Pakistan, Lahore and others P L D 1970 Lah. 257,
Lahore Improvement Trust, Lahore through Its Chairman v. The Custodian, Evacuee Property, West Pakistan, Lahore and others P L D 1971 S C 811
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|