(W.P. Ordinance XXV of 1963)
[6 June 1963]
An
Ordinance to provide for the acquisition of certain property situate in Mauza
Mian Mir, District Lahore for use as residence of Government Officials and to
validate actions taken under the Martial Law Order No. 115 issued by the
Martial Law Administrator, Zone ‘B’
WHEREAS the property described in the
Schedule was evacuee property and in pursuance of the provisions of the
Displaced Persons (Compensation and Rehabilitation) Act, 1958 (Act XXVIII of
1958), had been provisionally transferred to Mr. Nasir-ud-Din and party in lieu
of ninety-six thousand rupees;
AND,
WHEREAS, the Martial Law Order No. 115 was issued by the Martial Law
Administrator, Zone ‘B’, on the 24th February 1962, providing for the
acquisition of the said property for the purpose of residence of Government
officials;
AND,
WHEREAS, the validity of the said Martial Law Order and the action taken thereunder
has been questioned;
AND,
WHEREAS, it is expedient in the public interest to provide for the acquisition
of the said property for the purpose of residence of Government Officials and
to validate the actions taken in pursuance of the said Martial Law Order No.
115;
AND,
WHEREAS, the Provincial Assembly of West Pakistan is not in session and the
Governor of West Pakistan is satisfied that circumstances exist which render
immediate legislation necessary;
Now,
THEREFORE, in exercise of the powers conferred on him by clause (1) of Article
79 of the Constitution, the Governor of West Pakistan is pleased to make and
promulgate the following Ordinance:-
1. Short title and commencement.— (1) This Ordinance may be called the [1][3][Punjab] Acquisition of Property (Residence
of Government Officials) Ordinance, 1963.
(2) It shall come into force at once and
shall be deemed to have taken effect on and from the 24th February, 1962.
2. Definitions.— In this Ordinance, unless the context
otherwise requires, the following expressions shall have the meanings hereby
respectively assigned to them, that is to say—
(b) “Martial Law Order No. 115” means the Martial
Law Order No. 115, issued by the Martial Law Administrator, Zone ‘B’ on the
24th February, 1962; and
(c) “property” means the property described in the
Schedule to this Ordinance.
3. Acquisition of property for residence
of Government officials.—
Notwithstanding anything to the contrary contained in the Land Acquisition Act,
1894 (I of 1894), the Town Improvement Act, 1922 (IV of 1922), as amended by
the Punjab Town Improvement (West Pakistan Amendment) Ordinance 1962 (XVIII of
1962), The Municipal Administration Ordinance, 1960 (X of 1960) or any other
law for the time being in force, or in any decree, judgment or order of any
Court or Authority—
(a) Government shall forthwith take possession of
the property, summarily ejecting, if necessary, any person in occupation of any
part thereof;
(b) Government shall pay, ninety-six thousand
rupees by way of compensation to Mr. Nasir-ud-Din and party or any other person
found to be entitled thereto;
(c) thereon the property shall be deemed to have
been duly acquired by Government free from all encumbrances, and
the actions taken under Martial Law Order No.
115, shall be deemed to have been validly taken under this Ordinance and shall
be continued.
SCHEDULE
96-A,
Upper Mall, Lahore, constructed on the land bearing Khasra No. 2057, Mauza Mian
Mir, Tehsil and District Lahore, measuring 11 kanals, 7 marlas and 205 square
feet and comprising certain buildings and vacant site.
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