1991 MLD 511 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ASLAM VS DISTRICT EDUCATION OFFICER Martial Law Regulation 1972 No. 118--RGLN. , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.3 (Proviso)---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13---Privately Managed Schools and Colleges (Taking over) Regulation, 1972 (M.L.R. 118), para.4---Constitution of Pakistan (1973), Art.199--Requisitioning of property by Government, during pendency of ejectment proceedings against Government relating to property in question---Validity of--Government by order in writing could requisition any building or make such further order as appeared to it, to be necessary or expedient in connection with Act VII of 1956---Where premises were not being used for imparting education through a private educational institution at the relevant time, such building could be requisitioned---Such order, however, having been passed to avoid eviction for extraneous consideration, not contemplated by provision of S.3, of Act VII of 1956, and in colourable exercise of powers, was not authorised by the Act--Notification for requisition was thus, declared to be as without lawful authority and of no legal effect.