ALLAH DITTA KHOKHAR And Others vs THE PROVINCE OF PUNJAB And Another
This matter arose from a petition for leave to appeal against the dismissal of a writ petition by the Lahore High Court, Rawalpindi Bench, concerning the acquisition of 50 acres of land in village Gangal under Section 3 of the Punjab Acquisition of Land (Housing) Act, 1973 for an Area Development Scheme. The petitioners challenged the acquisition on the ground that the land fell within an area covered by a presidential directive altering the boundaries of the Federal Capital Territory, whereas the High Court held the provincial acquisition valid in the absence of a formal notification under Section 3 of the Capital Development Authority Ordinance, 1960. The Supreme Court considered whether land subject to a presidential directive regarding the Federal Capital Territory could validly be acquired under provincial legislation. The Court granted leave to appeal to examine this legal question alongside other grounds, maintaining the interim relief subject to future orders under relevant laws.
- Whether land situated in an area designated to form part of the Federal Capital Territory under a presidential directive can be acquired under a provincial housing statute?
- Whether a formal notification under Section 3 of the Capital Development Authority Ordinance 1960 is necessary to bar land acquisition under provincial law?
- Section 3, Punjab Acquisition of Land (Housing) Act 1973
- Section 3, Capital Development Authority Ordinance 1960
ORDER
1. MUHAMMAD HALEEM, ACTG, C.J. --By section 3 of the Punjab Acquisition of Land (Housing) Act, 1973, the Governor of Punjab accorded his approval to the Area Development Scheme No. II for Low Income Housing at Rawalpindi (for Pakistanis living abroad) and thereby acquired 50 Acres of land situate in village Gangal under Notification No. S.O. (P) H & PP-7-9/76, dated 18th of May, 1981, and earmarked for this scheme. The area of this village fell partly in Rawalpindi and partly in Islamabad districts. The President, under his directive, dated 26th of August, 1981, directed that the boundary of the Federal Capital Territory should be drawn afresh to facilitate administrative arrangements and development work in 52 villages including village Gangal which would form part of the Federal Territory and that further laws were to be amended accordingly. The petitioners felt aggrieved by the acquisition of the land and filed a Writ Petition No. 356 of 1981 in the Lahore High Court, Rawalpindi Bench, but did not succeed as the High Court held that in the absence of any Notification under section 3 of the Capital Development Authority Ordinance, 1960, declaring any part of the specified area to be a part of the Capital Territory no legal objection to the acquisition of land could be made. In the context of the President's directive, it is a matter for consideration as to whether the said land can be acquired under the Provincial Law. This and the other grounds raised in the petition require examination.
2. Accordingly, we would grant leave to appeal to the petitioners. Security for costs Rs.2,000. In the meantime interim order to continue subject, however, to the issuance of any fresh order under any other law. The appeal arising out of this petition should be heard on the present record with liberty to the parties to file additional documents, if any.