Begum Shahida Ahmad vs Registrar, Co-operative SOCIETIES, Lahore Ss — 2024 YLR 2766 LAHORE-HIGH-COURT-LAHORE |

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Begum Shahida Ahmad VS Registrar, Co-operative SOCIETIES, Lahore Ss.4, 6, 11, 18 & 30---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Laches---Completion of acquisition proceedings---Non-availing of alternate remedies---Past and closed transaction---Dispute between the parties as to ownership of acquired land---Receiving of compensation by other party without entitlement---Petitioners claimed compensation received by other party and also challenged acquisition proceedings---Validity---Petitioners were well aware about the acquisition proceedings from the very beginning of the process but they did not challenge the same within reasonable time rather they filed writ petition after lapse of about 14 years of the acquisition proceedings, as such the petition was hit by the principle of laches---Petitioners prayed for determination of compensation as per the market price of acquired land for which they had statutory remedy by way of filing a reference under S.18 read with S.30 of the Land Acquisition Act, 1894 but despite knowledge, the said remedy had not been explored, rather they straightaway approached High Court without availing the statutory remedy, as such writ petition was not maintainable---Acquisition of land in question had attained finality and had become past and closedtransaction which could not be re-opened on the whims and caprice of an indolent party---Petitioners on the one hand had prayed for grant of compensation of acquired land, whereas, on the other hand they had prayed for setting aside the acquisition proceedings which assertion suffered from the principle of approbate and reprobate, which was not permissible---Acquisition proceedings had been completed, land had been acquired through process of law, entire amount of compensation had been deposited and final Award had been issued, therefore, after issuance of award ordinarily constitutional petition was not maintainable---Constitution petition was dismissed in circumstances.

Begum Shahida Ahmad vs Registrar, Co-operative SOCIETIES, Lahore Ss — 2024 YLR 2766 LAHORE-HIGH-COURT-LAHORE

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