| Case ID |
e1d0d1a9-4da6-4b82-96cc-c6e9e93c1598 |
| Body |
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| Case Number |
Writ Petitions Nos.938, 939 and 884 of 1999 |
| Decision Date |
Jul 04, 2000 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that the Cantonment Board has the authority to prohibit construction on the disputed plots due to security risks posed to senior military officials residing nearby. The court acknowledged the petitioners' rights to the plots but emphasized the necessity of security in sensitive areas. The petitioners were directed to surrender their rights to the plots in exchange for the return of their principal amount with a 12.5% markup. The court underscored the importance of maintaining the area as a park to mitigate security concerns and preserve the rights of citizens under the Constitution of Pakistan. |
| Summary |
This case revolves around the legal dispute regarding the construction of residential plots purchased by the petitioners in a sensitive area adjacent to military residences. The Lahore High Court examined the jurisdiction of the Cantonment Board and the constitutional provisions relating to property rights and public interest. Due to security concerns, the court upheld the Cantonment Board's decision to restrain construction on the plots and directed the return of the principal amount with interest to the petitioners. This case highlights the balance between individual property rights and national security, emphasizing the legal frameworks that govern such disputes in Pakistan. Keywords include 'Cantonments Act', 'Constitution of Pakistan', 'property rights', 'security risks', 'Lahore High Court', and 'judicial decisions'. |
| Court |
Lahore High Court
|
| Entities Involved |
Ministry of Defence, Government of Pakistan,
Cantonment Board, Rawalpindi,
Housing and Physical Planning Department, Government of Punjab
|
| Judges |
MUHAMMAD NAWAZ ABBASI, J
|
| Lawyers |
Tauhidud Rehman,
Sardar Muhammad Ghazi, Legal Advisor, Cantonment Board, Rawalpindi,
Lt.Col. Iqbal Hashmi, Asstt. Judge, A.G. for Ministry of Defence,
Raja Iftikhar Ahmad Javaid, Standing Counsel
|
| Petitioners |
Ikram-ul-Haq,
Khalil Ahmad Khan,
Dr. Ehsan-ul-Haq
|
| Respondents |
PROVINCE OF PUNJAB through Secretary, Housing and Physical Planning Department, Lahore,
Secretary, Ministry of Defence,
President, Cantonment Board, Rawalpindi
|
| Citations |
2001 SLD 2380 = 2001 CLC 533
|
| Other Citations |
Not available
|
| Laws Involved |
Cantonments Act (XI of 1924),
Constitution of Pakistan (1973)
|
| Sections |
181,
199,
23,
24
|