| Case ID |
d7a2cdf6-c968-46e8-8d22-228840aa147a |
| Body |
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| Case Number |
Writ Petition No. 1625 of 1965 |
| Decision Date |
May 26, 1980 |
| Hearing Date |
May 06, 1980 |
| Decision |
The Lahore High Court ruled that the West Pakistan Acquisition of Property Ordinance was not a valid law as it deprived a citizen of property without affording an opportunity to be heard, violating principles of natural justice. The court emphasized that laws must be of general application and cannot target individuals arbitrarily. The court declared the ordinance null and void, affirming that deprivation of property must follow due process and legal norms. |
| Summary |
The case revolves around the validity of the West Pakistan Acquisition of Property (Residence of Government Officials) Ordinance (XXV of 1963), which aimed to acquire property from individuals without due process. The petitioner, NASEER AHMAD KHAN, challenged the ordinance, arguing it was mala fide and targeted him specifically without just cause or compensation. The Lahore High Court upheld the principles of natural justice, ruling that the ordinance was invalid as it violated constitutional provisions and lacked the necessary legal framework to deprive an individual of property. This landmark decision underscored the importance of due process in legislative actions and set a precedent for future cases involving property rights and legislative overreach. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SHAKURUL SALAM, J
|
| Lawyers |
Sh. Ghias Muhammad,
Tanveer Ahmad Khan, A. A.G.
|
| Petitioners |
NASEER AHMAD KHAN
|
| Respondents |
PROVINCE OF WEST PAKISTAN
|
| Citations |
1980 SLD 673,
1980 PLD 684
|
| Other Citations |
Federation of Pakistan v. Saeed Ahmad Khan and others P L D 1974 S C 151,
Young v. Sun Alliance and London Insurance Ltd. (1976) 3 All L R 561,
The State v. Ziaur Rehman etc, P L D-1973 S C 49
|
| Laws Involved |
West Pakistan Acquisition of Property (Residence of Government Officials) Ordinance (XXV of 1963),
Land Acquisition Act (I of 1894),
Constitution of Pakistan (1962)
|
| Sections |
Art. 225,
Art. 98
|