CHIEF Justice Sayed Zahid Hussain of the Lahore High Court on Wednesday held that the government could not acquire a piece of land purchased through remittances by a foreign or Pakistani investor whether the acquisition is for public purpose or not.

The CJ has observed that under the Protection of Economic Reforms Act 1992, the government cannot acquire or take over any industrial or commercial enterprise established or owned in any form by a foreign or Pakistani investor for private gain, in accordance with law.

The CJ gave these observations while allowing a petition of a US based Pakistani investor, Suleman Daud, who challenged the acquisition of his land for a scheme known as “LDA Avenue-I Housing Scheme”.

The petitioner submitted that he had purchased 30-kanal 18-marla land in Lahore in 1995 to set up a farmhouse, fishpond, fruit orchard and a hospital. He said the land was purchased through remittances from US. He said his land was acquired for Jubilee Town housing scheme in 1998 under Land Acquisition Act 1894. Later, on his objections and agitation, the land was excluded from the scheme, he added.

He said however, the same land was acquired for LDA Avenue-I housing scheme in 2002. He said he agitated against the matter but his case remained undecided.

Earlier in 2006, the court had directed the DG LDA to consider the matter and pass a speaking order but the application of the petitioner was eventually dismissed by the authority.

The chief justice while declaring the petitioner entitled to get his land excluded from the housing scheme observed that, “Even if it assumed for the sake of arguments that all the owners of land cannot be treated similarly for any reason, the petitioner will still be on a better footing having brought in foreign exchange, in claiming for exclusion of his land, which was purchased by him from his foreign savings and remittances.”

The judge held that it was the constitutional right of every citizen to acquire, hold and dispose of property in any part of Pakistan and no person should be deprived of his property, save in accordance with law.

He said the laws relating to compulsory acquisition of property have also taken care of this right. He said that when the land of the petitioner was acquired for Jubilee Town, it was excluded and it could not be acquired again for a similar purpose.

Disagreeing with the plea of LDA, the CJ observed that the petitioner is entitled to exclusion of his property from the operation of the housing scheme.

LHC issues warrants to accused for confining girl: The Lahore High Court has issued bailable warrants to four accused for confining a girl of Rawalpindi and forcing her for prostitution.

The court directed the senior civil judge, Lahore, to ensure arrest of the accused Rukhsana Nisar alias Rabia, Nasreen Bibi alias Naneei, Amir Hussain and Humayon Butt and admitted their bail in sum of Rs 50,000 each to procure their attendance before the court on May 30.

The girl, Sonia, had alleged that Mohammad Rafiq took her from her house in Rawalpindi and confined her at the residence of Rabia in Lahore. She alleged that she was taken to a guesthouse in Naseer-e-Abad area and was forced for prostitution.

Rabia, Naneei, Aamir and Humayon were granted bail by the session court. A petition for cancellation of their bail was moved before the LHC.

The court had issued notices to the accused but they did not appear before the court on which the court issued the warrants.

LHC summons academic record of MNA: An election tribunal of the Lahore High Court has summoned the academic record of a newly elected PML-N Member National Assembly from NA-118 Lahore Mohammad Riaz.

The University of Azad Jammu and Kashmir and the Board of Intermediate and Secondary Education were directed to produce the record till May 27.

A defeated candidate of PPP Syed Asif Ali Hashmi has challenged the victory of Riaz.

He alleged that Riaz was not a graduate and manipulated the record of BA, FA and even metricculation.

He said many times this objection was raised before the Returning Officer but RO did not pay any heed to it. He requested that election of Riaz should be declared as null and void.
Courtesy: The News, 22/5/2008