' RAJA AFRASIAB KHAN, J.---On 8th of May, 1997, the Lahore High court disposed of Writ Petition No,4243 of 1996 having been filed by the respondent, Abdul Rehman Shaukat. This order reads as follows:-- "Learned Advocate-General is not in a position to dispute that the land of the petitioner was taken without payment of any compensation. This act is, therefore, clearly in violation of Articles 23 and 24 of the Constitution.
' In these circumstances, the petitioner is clearly entitled to have the land restored to him. However, as the land has been utilized for works of public utility, I am not minded to pass such an order lest the public interest suffers. The best course appears to be to direct the Government to provide alternative land to the petitioners. The learned Advocate-General is also of the same view and suggests that a direction be issued to the respondent to allot 25 acres of agricultural land to the petitioner in lieu of land. Order accordingly.
' The allotment shall be made within a period of two months from today. Disposed of in the above terms." ' against the above order, the petitioners have failed this petition for leave to appeal.
2. Learned counsel has submitted before us that there is no law under which alternative land can be ordered to be allotted to the respondent. No other joint has been argued by the learned counsel for the petitioner.
3. We do not find any substance in the argument inasmuch as it is admitted that the land of the respondent has been acquired and no compensation Las been given to him in lieu of the said land.
The aforesaid order of the High Court is just, fair and proper. We agree with the view taken by the High Court that the act of the petitioners in acquiring the land of the respondent without giving him the compensation is in violation of Articles 23 and 24 of the Constitution of Islamic Republic of Pakistan, 1973. No question of law of public importance has been raised by the learned counsel for the petitioners in these proceedings. This being so, there is no substance in this petition which is dismissed and leave to appeal is refused.