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2009 MLD 244

Malik ZULFIQAR vs GOVERNMENT OF PAKISTAN through Secretary Ministry of

Citation2009 MLD 244
CourtLahore High Court
Case No.Writ Petition No, 3920 of 2008
Date2008-11-05
Judge(s)S. Ali Hassan Rizvi
ResultPetition dismissed

ORDER

' S. ALI HASSAN RIZVI, J.---The petitioner claims ownership of two Kanals and one Marla from rectangle No,54, Killa Nos. 5, 6 and 15 which is entered in revenue record as 54/26. That this land is in possession of respondent N6.2 without acquisition and payment of compensation at present it is road leading from Lodhran to Bahawalpur. That petitioner and his other family members are owners in the revenue record and respondents are reaping benefit from the surplus land. Prayed for direction to make payment of compensation or to hand over the surplus land.

2. Conversely, respondent No,2 claims no concern with the land as in revenue papers it was shown in possession of District Council. That in the original notification for acquisition of land in year, 1972 the said Khasra number was acquired and find mention in it as Khasra No,54 which was acquired as a whole and compensation was awarded; that the constitutional jurisdiction of this Court cannot be exercised where efficacious remedy would be available.

3. Heard. The nature of dispute in question is if the Khasra No,54 is different to Khasra No,54/26 falling in the same rectangle. It is matter A of record that No,54 was acquired in the year, 1972, in entirety with full measurement given in the notification. This question could only be resolved through measurement and enquiry, which could only be done through the suit. The Land Acquisition Act also provides mechanism for resolution for disputes arising out of the process. The said number as a whole is shown to have been acquired and compensation paid. No finding can be recorded that the disputed Khasra number was not acquired and the same is different to that given in the notification.

4. As discussed above, the grievance of the petitioner cannot be redressed by exercise of constitutional jurisdiction of this Court. Dismissed.

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