| Case ID |
3805a1d3-a911-4bda-910f-f29710ddec9d |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 2144 of 1979 |
| Decision Date |
Apr 26, 1980 |
| Hearing Date |
Apr 26, 1980 |
| Decision |
The writ petition was dismissed as the petitioner failed to show that the lack of notice resulted in any prejudice. The cancellation of the lease was deemed valid under the terms of the lease which allowed for resumption without compensation if required for public purpose. The court found that the establishment of an industrial estate qualified as a public purpose. Furthermore, the petitioner had not availed other remedies available under the relevant statutes, which also contributed to the dismissal of the case. |
| Summary |
In the case of Writ Petition No. 2144 of 1979, heard by the Lahore High Court, the petitioner, Muhammad Anwar, challenged the cancellation of his lease on government land under the Colonization of Government Lands (Punjab) Act, 1912. The court ruled that the lease could be lawfully terminated without prior notice as the land was being resumed for public purposes, specifically for the establishment of an industrial estate. The petitioner argued that he had cultivated the land and that his lease had been extended, but the court found that he did not provide sufficient evidence of prejudice resulting from the lack of notice. The ruling emphasized the importance of adhering to statutory remedies and the terms laid out in the lease agreement. The case highlights key legal principles regarding land resumption and the obligations of lessees under government contracts, making it a significant reference point in property law and administrative law. |
| Court |
Lahore High Court
|
| Entities Involved |
Small Industries Corporation, Faisalabad
|
| Judges |
M. MEHBOOB AHMAD, J
|
| Lawyers |
Muhammad Afzal Qureshi,
Khalil Ramdey, A. A.G.,
M. N. Beg
|
| Petitioners |
MUHAMMAD ANWAR
|
| Respondents |
,
PROVINCE OF THE PUNJAB,
Small Industries Corporation, Faisalabad
|
| Citations |
1981 SLD 1488,
1981 PLD 343
|
| Other Citations |
Jan Muhammad v. Government of West Pakistan etc. P L D 1979 Lah. 152,
Mian Ghulam Muhammad v. The Collector, Montgomery and 2 others P L D 1973 Lah. 528
|
| Laws Involved |
Colonization of Government Lands (Punjab) Act (V of 1912)
|
| Sections |
24
|