' Petitioners' case is that they are owners of land measuring 4 Kanals, 9 Marlas in Killa No,17 min.
Square No,25, Chak No,213/RB, Faisalabad Town, acquired by the Deputy Commissioner/Collector, Faisalabad, vide Gazette Notification No,236/DRA, dated 30-5-1973 under section 4 of the Punjab Acquisition of Land (Housing) Act, 1973, for the construction of multi-storied residential colony by the Housing and Physical Planning Department.
2. It is an admitted fact that in pursuance of acquisition proceedings, possession of the land in dispute was taken by the Faisalabad Development Authority and compensation was also paid to the owners. Subsequently, vide Notification No,86/DRA, dated 30-1-1984, published in the Punjab Gazette of February 29, 1984, respondent No,4 withdrew the earlier notification and in consequence thereof the petitioners refunded the compensation received by them in respect of the land in dispute to respondent No,1, as required by him vide letter No,3023, dated 8-7-1980. It is alleged that in consequence of the de-notification of the land in dispute, the petitioners approached respondent No,2 to deliver back the possession thereof, whereupon respondent No,2 directed the Tehsildar to do the needful, but it transpired during the proceedings that respondents Nos.5 to 33 had trespassed into the land and they also resisted delivery of the possession.
3. Ch. Muhammad Abdullah, learned counsel for respondents Nos.5 to 33 submitted that the land in dispute has been provisionally allotted to the respondents by the Faisalabad Development Authority under the Socio Economic Programme for the grant Of proprietary rights to dwellers of Katchi Abadi.
4. Be that as it may, it is an admitted fact that after de-notification of acquisition of the land in dispute, its ownership did not vest with the Faisalabad Development Authority, and, therefore, the latter had no authority to allot the same to respondents Nos.5 to 33 through separate allotment letters issued in November, 1986.
' In view of the above, the allotment of land in dispute by the Faisalabad Development Authority to respondents Nos.5 to 33 is hereby declared as without lawful authority and of no legal effect and any action or proceedings taken in pursuance of the said allotment orders are also declared as without lawful authority and of no legal effect. Respondents Nos.1 to 4 shall take appropriate legal proceedings against respondents Nos.5 to 33 for delivery of possession of the land in dispute to the rightful owners from whom it was taken. Resultantly, the writ petition is accepted but there shall be no order as to costs.