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PLJ 2021 Lahore 378

Haji Muhammad Amin and 3 others vs Lahore Development Authority

CitationPLJ 2021 Lahore 378
CourtLahore High Court
Case No.W.P. No. 164578 of 2018
Date2020-12-03
Judge(s)Shahid Karim
ResultPetition dismissed

ORDER

This constitutional petition seeks a direct ion to the respondents to pay the compensation to the petitioners for the alleged acquisition of the land acquired for Mustafa Town Scheme.

2. The learned counsel for LDA has filed the reply according to which LDA seriously disputes the entitlement of the petitioners to compensation of the land in question as according to the learned counsel the petitioners-have yet to prove their title to this property . By reference to the contents of the reply , learned counsel stated that the issue regarding the land subject matter of this petition reached the Supreme Court of Pakistan and was decided in the year 1971. Subsequently , the mutation of the land was made in the name of the Federal Government. Thereafter different chunks of the land were got allotted by various persons either through allotment orders by filing Mukhbari application. The detail of the allotment has also been brought forth in the reply . It has been admitted that land measuring 406 Kanal-1 Maria was acquired by LDA for Mustafa Town Housing Scheme and this was done in the year 1977. It is indeed surprising that the petitioners have not agitated the issue priorly and have chosen to approach this Court in the year 2018. The acquisition was challenged by the persons affected by it and the matter was finally decided by the Supreme Court of Pakistan and the allotments made by the Settlement Authorities were declared null and void. On the other hand, allotment made in favour of Punjab University dated 29.3.1974 was declared to be valid under the law .

3. From the above, it is clear that the land in question has historical facts and previous litigation has also ensued amongst the affected parties. The petitioners have not produced any cogent and uncontrovertcd material which would show that an award was made in their favour by Land Acquisition Collector . At best, this is a matter which involves resolution of disputed issues and controversies and ought to be decided by the Courts of plenary jurisdiction. In view of the above, this petition is without merit and is dismissed .

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