| Case ID |
3a8af76a-f249-472a-99b9-d0c0503c78fe |
| Body |
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| Case Number |
W.P. No. 14926 of 1998 |
| Decision Date |
Apr 14, 2015 |
| Hearing Date |
|
| Decision |
The petitioners were entitled to the allotment of alternate land in lieu of the shops demolished by the respondents. The Lahore Development Authority (LDA) failed to provide compensation or alternate land despite agreements and assurances made over the years. The court emphasized the importance of fundamental rights, particularly the right to property, and directed the Chief Minister to ensure compliance within four months. |
| Summary |
In this landmark case, the Lahore High Court addressed the infringement of fundamental rights concerning property ownership and the responsibilities of government authorities. The petitioners, representing a mosque, challenged the demolition of their shops by the Lahore Development Authority (LDA) for urban development without proper compensation or alternate arrangements. The court underscored the sanctity of fundamental rights as enshrined in the Constitution of Pakistan, particularly emphasizing that property rights cannot be violated without due legal process. The decision highlighted the need for government accountability in upholding citizens' rights, especially in cases involving public welfare projects. This case serves as a critical reference point for similar disputes involving property rights and government actions, reinforcing the principle that the state must balance community interests with individual rights. The court's ruling mandates the LDA to provide alternate land to the petitioners, illustrating the judiciary's role in protecting fundamental rights against arbitrary state actions. |
| Court |
Lahore High Court
|
| Entities Involved |
Lahore Development Authority,
Jamia Masjid Jamiat-ul-Quresh
|
| Judges |
SHUJAAT ALI KHAN, J
|
| Lawyers |
|
| Petitioners |
Sheikh ANWAR SAEED
|
| Respondents |
L.D.A.
|
| Citations |
2015 SLD 2700,
2015 CLC 1723
|
| Other Citations |
Abdul Sattar v. Land Acquisition Collector 2010 SCMR 1523,
Sub. (Retd.) Muhammad Ashraf v. District Collector, Jhelum and others PLD 2002 SC 706,
Muhammad Shehzad Malik v. Muhammad Suhail and another 2010 SCMR 1825,
Mst. Amina Begum and others v Mehar Ghulam Dastgir PLD 1978 SC 220,
Syed Ali Asghar and 3 others vs. Creators Builders and 3 others 2001 SCMR 279
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
8,
24,
199
|