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KARAM KHAN vs WEST PAKISTAN AGRICULTURALDEVELOPMENT CORPORATION — 1970 SCMR 42

Citation: 1970 SCMR 42

Court: Supreme Court of Pakistan

Year: 1967

Decision Date: 1967-10-12

Parties: KARAM KHAN vs WEST PAKISTAN AGRICULTURALDEVELOPMENT CORPORATION AND Other

Headnotes

Case cited as 1970 SCMR 42

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Muhammad Yaqub Ali Khan Title:KARAM KHAN vs WEST PAKISTAN AGRICULTURALDEVELOPMENT CORPORATION AND Other Case No.:Civil Petition for Special Leave; to Appeal No. -372 6f -1967 Writ Petition No. 1341 of 1966 Date of Judgment:1967-10-12 Reported As: 1970 SCMR 42 Result: Leave granted Judgment ORDER MUHAMMAD YAQUB ALI J,-The dispute is in regard to fifty acres of State land situated in the Ghazi Khan held by the petitioner as a tenant under the Colonization of Government Lands (Punjab) Act, 1912. In 1963, the Governor of West Pakistan inexercise of the powers conferred ,by .Section. 23 of the West Pakistan Agricultural Development Corporation Ordinance, 1961, declared. The area commanded by the Taunsa Barrage which includes the land in dispute to be, a project area and under section 25 of the Ordinance transferred its management to the Agricultural Development Corporation:. Thereafter the Corporation required the petitioner to execute a Patanama inter alia on the condition that at the end of the agricultural year he will vacate the land and deliver its possession to the Corpora--tion. The-petitioner considered the said condition as confiscatory of his vested rights in the land and declined to execute the Patanama. In consequence the Chief Superintendent of the Corporation purporting to act under section 17 (3) of the Ordinance issued orders for the ejectment of the petitioner against which he moved the High. Court…

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