| Case ID |
47d11ad7-abd8-45a3-bbb4-675e44cc9808 |
| Body |
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| Case Number |
Civil Revision No. 424 of 2006 |
| Decision Date |
Apr 13, 2010 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the civil revision petition filed by the original owners of land acquired for the Punjab Post-War Services Reconstruction Fund, which was later transferred to Fauji Foundation and subsequently sold to a private company. The court ruled that Rule 14 of the Punjab Land Acquisition Rules, 1983 applies only to land acquired for government or local authority purposes and does not extend to acquisitions for charitable entities. The court found that the land had been used for a public purpose for over 30 years before being abandoned, thus the original owners were not entitled to its return. The decision emphasized that the government retains discretion over the restoration of land in cases where public purpose is abandoned after usage. |
| Summary |
In the case of Rahm Dad and others vs. Managing Director, Fauji Foundation, the Lahore High Court addressed the issue of land acquisition under the Punjab Land Acquisition Rules, 1983. The petitioners, original owners of land acquired in 1952 for a public purpose, sought possession after the land was sold to a private entity, claiming that the purpose had been abandoned. The court clarified that Rule 14 applies strictly to government acquisitions and not to private entities, affirming that the land had been utilized for its intended public purpose for over 30 years. This ruling highlights the legal boundaries of land acquisition laws in Pakistan, focusing on the definitions of governmental and local authority roles under the General Clauses Act. The case reinforces the discretionary powers of the government in land restoration matters, providing a critical precedent for future land acquisition disputes. Keywords include land acquisition, public purpose, legal rights, Punjab Land Acquisition Rules, and government discretion. |
| Court |
Lahore High Court
|
| Entities Involved |
Fauji Foundation,
Alliance Textile Mills Limited
|
| Judges |
ASAD MUNIR, J
|
| Lawyers |
Mujeeb ur Rehman Kiyani
|
| Petitioners |
RAHM DAD and 7 others
|
| Respondents |
2 others,
MANAGING DIRECTOR, FAUJI FOUNDATION, RAWALPINDI CANTT.
|
| Citations |
2010 SLD 315,
2010 PLD 349
|
| Other Citations |
Rana Abdul Qadir and others v. Government of Pakistan, M/O Defence Production Division through Secretary Defence, Rawalpindi and others 2006 CLC 1,
Bashir Ahmad Akhtar and others v. Collector, Land Acquisition and others 1992 MLD 2364,
Rana Ziladar Khan v. Province of Punjab through Collector Sialkot and others 2010 YLR 1212,
Province of Punjab through Collector and others v. Saeed Ahmad and another PLD 1993 SC 453
|
| Laws Involved |
Punjab Land Acquisition Rules, 1983,
General Clauses Act, 1897
|
| Sections |
14,
14(1),
3(21),
3(28)
|