(W.P. Ordinance XXIV of
1963)
[6 June 1963]
An
Ordinance to provide for the acquisition of certain property situate in the
revenue estate of Mozang, Lahore, for the purpose of constructing the office of
Water and Power Development Authority and to validate actions taken under the
Martial Law Order No. 129 issued by the Martial Law Administrator, Zone ‘B’
WHEREAS the property
described in the Schedule was evacuee property and had been acquired by the
Government of West Pakistan in exercise of the powers conferred on it by
sub-section (2) of section 3 of the Displaced Persons (Compensation and
Rehabilitation) Act, 1958 (Act No. XXVIII of 1958), vide notification No. U.8-79-59 (3113), dated 1st August, 1959,
published in the Gazette of 28th August, 1959.
AND,
WHEREAS, the Martial Law Order No. 129 was issued by the Martial Law
Administrator, Zone ‘B’, on 29th May, 1962, providing for the acquisition of
the said property for the purpose of constructing the office of the West
Pakistan Water and Power Development Authority;
AND,
WHEREAS, the validity of the said Martial Law Order and actions 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 constructing the office of the
Authority, and to validate the actions taken in pursuance of the said Martial
Law Order No. 129.
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 [3][3][Punjab] Acquisition of Property (WAPDA Office)
Ordinance, 1963.
(2) It shall come into force at once and shall
be deemed to have taken effect on and from the 29th May, 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—
(a) “Authority” means the Water and Power
Development Authority established under the Water and Power Development
Authority Act, 1958 (West Pakistan Act No.XXXI of 1958);
(c) “Martial Law Order No. 129” means the Martial
Law Order No. 129 issued by the Martial Law Administrator, Zone ‘B’, on the
29th May 1962; and
(d) “property” means the property described in the
Schedule to this Ordinance.
3. Acquisition
of property for office of the Authority.— 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) the compensation for the property shall be
assessed by the Chief Settlement Commissioner, under the law relating to
evaluation of evacuee property;
(c) the compensation so assessed, shall be paid by
the Authority to the Rehabilitation Department;
(d) Government shall transfer the property to the
Authority subject to the provisions of section 41 of the Land Acquisition Act,
1894, so far as applicable, as if the Authority were a company, and shall put the
Authority in possession thereof, and thereupon the property shall be deemed to
have been duly acquired by the Authority free from all encumbrances, and
the actions taken under Martial Law Order No.
129 shall be deemed to have been validly taken under this Ordinance and shall
be continued.
SCHEDULE
The
property quadrangle in shape measuring 104 feet along the Egerton Road on the
north, 204 feet in the west, 107 feet on the common boundary between Park Hotel
and boundary wall to Egerton Road in the east and comprising Khasra Nos. 1045,
1046 and part of 1044 Khasra Amarti of 1957-58 situated in the revenue estate
of Mozang, Tehsil and District Lahore, consisting of buildings bearing property
No. S.E. 27-R-11 and open space, formerly belonging to Rai Bahadur Gopal Das.
[1][1]This Ordinance was
promulgated by the Governor of West Pakistan on 6th June, 1963; approved by the
Provincial Assembly of West Pakistan, with amendments on 16th July, 1963, under
clause (3) of Article 79 of the Constitution of the Islamic Republic of
Pakistan (1962); and, published in the West Pakistan Gazette (Extraordinary),
dated 16th July, 1963, pages 3127-3130.
[2][2]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
[3][3]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
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