Mst. SAID BEGUM and others vs LAHORE DEVELOPMENT AUTHORITY THROUGH ITS
The petitioners sought leave to appeal against the dismissal of their civil suit and subsequent revision petition challenging the acquisition of their land by the Lahore Development Authority for its 1600 Acres Scheme. The core legal question was whether the land of the petitioners was included in the acquired land. The Supreme Court held that the petitioners failed to demonstrate that their land fell outside the outer boundaries specified in the acquisition notification, and noted that they had already received compensation and exemption plots. Consequently, the Court refused leave to appeal, affirming that the land formed part of the acquired area.
- Whether land situated within the outer boundaries of an acquisition notification is deemed legally acquired?
- Does the acceptance of compensation and exemption plots preclude a landowner from challenging land acquisition?
ORDER
SAAD SAOOD JAN, ACJ.- The petitioners were owners of Khasras Nos. 1253, 1254, 1258, 4397/1259, 5808/1257, 1256/5806 and 1255 in the revenue estate of Bhikewal, Tehsil Lahore. The Lahore Development Authority, respondent, prepared a housing scheme known as 1600 Acres Scheme. For its implementation it acquired land falling in a number of revenue estates including Bhikewal. The only question for consideration in this petition is whether the land so acquired included the land of the petitioners as well. The petitioners filed a civil suit to seek an injunction restraining the respondent from interfering with their possession of the land. The suit was decreed by the Trial Court but on appeal it was dismissed by the District Judge, Lahore. The petitioners' revision petition before the High Court failed. They now seek leave to appeal from this Court.
2. In the relevant notification of acquisition the area acquired has been described by its outer boundaries. The petitioners have not been able to show that their land fell outside the boundaries indicated in the notification. On the other hand, they have not only received compensations for their land but also obtained a number of exemption plots. In the circumstances, it is difficult to support their contention that their land did not form part of the area acquired for the implementation of the Scheme. Leave is accordingly refused. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.