2010 PLD 99 PESHAWAR-HIGH-COURT

Full text

PESHAWAR DEVELOPMENT AUTHORITY VS AWAL KHAN 1990 MLD 815, N.-W.F.P. Public Property (Removal of Encroachment) Act 1977--11 , N.-W.F.P. Public Property (Removal of Encroachment) Act 1977--2 , N.-W.F.P. Public Property (Removal of Encroachment) Act 1977--3 , N.-W.F.P. Public Property (Removal of Encroachment) Act 1977--PREAMBLE , Preamble, Ss.2, 3 & 11---Purpose and object of North-West Frontier Province Public Property (Removal of Encroachments) Act, 1977---Act was a special law empowering the Authorities constituted thereunder with extraordinary powers for removal of encroachment; and eviction of unauthorized occupants from public property in a speedy and effective manner---Preamble of the Act had clearly laid down that the purpose behind enactment of such special law was to provide for measures for removal of encroachment from public property and for matters ancillary thereto---Provisions of special law seeking to oust the ordinary jurisdiction of courts were to be construed strictly with a pronounced leaning against ouster.