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This is a classic example of frivolous litigation, and that too by those whose salaries are paid by the taxpayers of the country. It appears that

 This is a classic example of frivolous litigation, and that too by those whose salaries are paid by the taxpayers of the country. It appears that the ability to take a decision, whether to assail or not a decision does not exist in senior officers. They deemed it fit to challenge a matter of little financial significance and do so contrary to the provisions of the Constitution of the Islamic Republic of Pakistan which guarantees as a fundamental right the right to acquire, hold and dispose of property (Articles 23 and 24), and being oblivious to the fact that a person can only be compulsorily deprived of property provided compensation therefor is paid.

This is the fourth Court before which the Government of Punjab is a party, and it pleads by disregarding the Constitution and the law. Not only have public resources been wasted, but also Court time, both of which are a trust held on behalf of the people. The respondents who were deprived of their land must have spent money and time with regard to a case which should have never seen a court of law, provided the petitioners had abided by the Constitution and the law. Whilst counsel of private parties are accountable to them, and may resort to unnecessary litigation, this is not expected from the petitioners. The Government of Punjab and every employee of it, including those in the office of the Advocate-General run on public funds, therefore, one expects a much higher standard from them. The government and its servants are there to serve the people. In this case, land was taken without compensating the respondents. Therefore, whilst declining leave and dismissing this petition, we direct the Government of Punjab to pay to the owners of the land, requisite compensation, within a period of thirty days from the receipt of this order and in addition also pay to them one million rupees as costs. Copy of this order be sent to the Chief Secretary, Punjab, and to the petitioners No.1 and 2 for information and compliance. Copy of this order be also sent to the respondents for information.

C.P.386-L/2021
Province of Punjab through the Deputy Commissioner/Collector District Gujranwala & others v. Zulfiqar Ali & another
Mr. Justice Qazi Faez Isa
13-11-2023





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