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PLD 1990 Revenue 12

ABID ARIF NOMANI and others vs CHIEF ADMINISTRATOR, AUQAF, LAHORE and

CitationPLD 1990 Revenue 12
CourtBoard of Revenue, Punjab
Case No.Review Petitions Nos. 138 and 139 of 1988
Date1989-09-13
Judge(s)Akhtar Said
ResultOrder accordingly

ORDER

1. ' As had been discussed above, the present Court is not competent to reopen the case. The present Court, therefore, will not go into the merits of the case from the point of view of the law or the facts.

2. The present Court however finds that the decision of the Board of Revenue needs elaboration before it can be implemented, because of the circumstances that have been given above.

3. ' I, therefore, decide that the decision of the Board of Revenue, dated 8-5-1988 shall be implemented as follows:--

(A) As decided by the Board of Revenue the exchange was ab initio void.

(B) Under that decision the ideal thing would be to restore the original position of the parties before the exchange.

(C) Since the original position cannot be restored to the extent of 23 kanals 12 marlas which the Auqaf Department has wrongly applied to its own use, the Auqaf Department shall compensate the petitioners to the extent of this 23 kanals 12 marlas at the current market price, which shall be determined in accordance with the law relating to acquisition of private lands by the Government Departments. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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