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MALIK MUHAMMAD MAJEED versus GOVERNMENT OF PAKISTAN


Cantonment Land Administration Rules 1937 RR 2 (d), sections 6, 7, 8 and 9 of the Cantonment Act (II of 1924), sections 108 and 280 (1) (2) (a) (b) of the Cantonment Land Administration Rules, 1937, Rr 3, 4, 6, 7, 9 (5) (6), 28 and 43 (i) (ii) (iii) Land and Buildings of the Central Government (Recovery) Ordinance (LIV of 1965), Section 3 (i) ) Amendments to the Laws Ordinance (XII of 1972), Section 3 Constitution of Pakistan (1973), Article 199 Constitutional Authority of Cantonment Board in the Class C to B Federal Government to change the purpose of lease after re-classification Out of survey number 85, land is not in approved lease. Appellant submitted a plan for the proposed construction in favor of appellants being the highest bidder for the establishment of a service station, but the Cantonment Board did not approve it and directed it to submit a new plan because the land was commercialized. Can be used for purposes ie showrooms / shops and offices etc. The executive officer of the cantonment facilitated the execution of the (laser) executed appellant's behalf by the President of Pakistan, in which the purpose was shown as commercial use in addition to hotels, cinemas and petrol pumps. Following the project, a double-storey commercial building was constructed by the Cantonment Board in the form of restaurants, shops / offices. The Federal Government, knowing that the land was constructed irrespective of the purpose for which the land was given, the lease was canceled and the appellants under section 3 (i) of the Central Government's lands and buildings. Notice was issued to (Recovery Occupation) Ordinance, 1965, a constitutional petition filed by the appellant for the possession of the building by the High Court.

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