Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: Syed NAZAR ABBAS NAQVI VS Respondent: COMMISSIONER, SARGODHA DIVISION and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title:Syed NAZAR ABBAS NAQVI vs COMMISSIONER, SARGODHA DIVISION and
others Case No.: Civil Petition No,995 of 1983 Date of Judgment:1988-08-15 Reported As: 1989 SCMR 1062 Result: Leave granted Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.-- After hearing the learned counsel at some length in support of this petition, we consider it a fit case for grant of leave to appeal for the examination inter alia of the following questions: (a) Whether on the abandonment or failure of the purpose for which a property is acquired under the Land Acquisition Act, it should not be returned to the original owner; (b) Whether the acquisitioning authority can utilise such property for another public purpose: (c) Whether in case the purpose for different use is wholly or partly self-enrichment of the acquiring authority at the cost of the original owner, will it be public purpose: (d) Whether in view of the explanation that the change of purpose took place after a long time since acquisition, therefore, the petitioner could not have filed a writ petition earlier, cannot now be accepted; and thus whether the petitioner's constitutional petition was liable to be dismissed on ground of laches. ' These questions together with other related questions require examination. ' Leave to appeal is, accordingly, granted. Security Rs,5,000. ' Leave has already been granted in two other similar cases as C.P. 57-R of 1988, leave to appeal was granted on 27-3-1988 (now Civil Appeal No,40 of 1988) and C.P. 121-R of 1988 wherein leave to appeal was granted on 10-5-1988. All these cases to be heard together. ' Appeal in this case shall be prepared on the present record with direction to the parties to file all necessary documents.