LDA barred from acquiring land of American national

LAHORE - Lahore High Court Chief Justice Sayed Zahid Hussain has barred govt from acquiring the land purchased with foreign exchange as the same is protected under a law made to encourage foreign and Pakistani investment in the country. The court ruled this while excluding the land of Suleman Daud, an American of Pakistani origin, that was acquired by Lahore Development Authority (LDA) for its newly launched project, "LDA Avenue -I Housing Scheme". The CJ has observed that under Protection of Economic Reforms Act 1992, the government could not 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 the law. The court also ruled that petitioner's land could not be acquired on the ground that it was excluded previously when the same was acquired for Jubilee Town scheme. It could not be again acquired for the similar purpose as on first exclusion he had earned a right to hold the same, the judge said. The petitioner said land of number of landowners was excluded from the scheme but the petitioner was being denied similar treatment. The court ruled on this point that persons in similar circumstances should have similar treatment while the petitioner was on better footing having brought in foreign exchange. The petitioner argued that he had purchased land measuring 30-kanals 18-marlas in Lahore in 1995 for developing farm house, fishpond, plantation of fruit gardens and hospital. The land was purchased through remittances from the US but in 1998 under Land Acquisition Act 1894 his land was acquired for Jubilee Town housing scheme. Later on his objections and agitation the land was excluded from the scheme. However, again in 2002 the same land was acquired for "LDA Avenue-I Housing Scheme". The petitioner again agitated the matter but his case remained undecided. However, on LHC's directions in 2006, Director General LDA considered the matter but declined to exclude his land. The petitioner is clamouring and craving for the exclusion of his piece of property, which is not so large as may be likely to disturb the plan in any way, effectiveness and utility of the said scheme," the CJ further observed. The judge held that it is 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. The laws relating to compulsory acquisition of property are also taken care of this right, the CJ further held. Disagreeing with the plea of LDA, the CJ observed that the contention as to whether the acquisition was for public purpose or not other peripheral matters having no substantial bearing on the fate of the matter need not to be gone into, as the petitioner is entitled to exclusion of his property from the operation of the housing scheme.

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