1992 MLD 115 LAHORE-HIGH-COURT-LAHORE

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CH. MAZHAR ALI VS DEPUTY COMMISSIONER, ISLAMABAD West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act 1956--3 , West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act 1956 ----S.3(1), 4th proviso---Constitution of Pakistan (1973), Act. 199--Requisitioning of house---Notice---Person in physical possession of house sought to be requisitioned, was entitled to notice---Requisitioning Authority not only failed to issue mandatory show-cause notice but also failed to allow period of one month to occupant, to vacate house in question---Requisitioning Authority having acted in hot-haste in violation of statutory provisions and evicting occupant and his family members forcibly, order passed and action taken by it smacked of mala fides---Order of requisitioning and eviction of occupant from house in question being mala fide was declared to be without lawful authority and of no legal effect.