WEST PAKISTAN ESTABLISHMENT AND IMPROVEMENT OF PARKS AND HISTORICAL PLACES (LAHORE) (REPEAL) ORDINANCE, 1968

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THE WEST PAKISTAN ESTABLISHMENT AND 
IMPROVEMENT OF PARKS AND HISTORICAL PLACES 
(LAHORE) (REPEAL) ORDINANCE, 1968 
(X of 1968) 
CONTENTS 
1. Short title and commencement. 
2. Definitions. 
3. Repeal of West Pakistan Ordinance XXII of 1963. 
4. Relinquishment of land acquired under West Pakistan Ordinance XXII of 
1963. 
5. Compensation. 
6. Collector to have powers of a Civil Court. 
7. Trust to prepare scheme in respect of land not to be relinquished. 
8. Power to make rules. 
TEXT 
1
THE WEST PAKISTAN ESTABLISHMENT AND IMPROVEMENT OF 
PARKS AND HISTORICAL PLACES (LAHORE) (REPEAL) ORDINANCE, 
1968 
(X of 1968) 
[20 January 1969] 
An 
Ordinance 
to provide for the repeal of the West Pakistan Establishment and Improvement of 
Parks and Historical Places (Lahore) Ordinance, 1963, the relinquishment of land 
taken possession of by the Trust thereunder and all matters incidental or 
supplemental thereto. 
Preamble.– WHEREAS it is expedient to provide for the repeal of the West Pakistan 
Establishment and Improvement of Parks and Historica l Places (Lahore) Ordinance, 
1963, the relinquishment of land taken possession of by the Trust thereunder and all 
matters incidental or supplemental thereto; 
 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 
West Pakistan Establishment and Improvement of Parks and Historical Places 
(Lahore) (Repeal) Ordinance, 1968. 
 (2) It shall come into force at once. 
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) “Deputy Commissioner” means the Deputy Commissioner of Lahore 
District and  shall in clude any other officer, who has been the Chief 
Officer in charge of the general administration of a District for a period 
of not less than three years, whether continuously or otherwise, 
appointed by Government as the Deputy Commissioner for the 
purposes of this Ordinance; 
(b) “Government” means the Government of 
1
[the Punjab]; 
 
1This Ordinance was promulgated by the Governor of West Pakistan on Octobe r 23, 1 968; approved by the Provincial 
Assembly of West Pakistan, with amendments, on January  14, 1969, under clause (3) of Article 79 of the Constitution of the 
Islamic Republic of Pakistan (1962); assented to by the Governor of West Pakistan on January 18, 1969 ; published in the 
Gazette of West Pakistan (Extraordinary), dated January 20, 1969, pp. 114-A-114-F. 
(c) “land” means the land in respect of which full compensation has not 
been paid in accordance with the provisions of the West Pakistan 
Establishment and Improvement of Pa rks and H istorical Places 
(Lahore) Ordinance, 1963, or where paid, has not been accepted 
unconditionally by all persons having any right or interest therein; 
(d) “Martial Law Order No. 126” means the Martial Law Order No. 126 
issued by the Martial Law Admi nistrator, Zo ne ‘B’, on the 6 th May, 
1962; 
(e) “Trust” means the Lahore Improvement Trust constituted under the 
Town Improvement Act, 1922. 
3. Repeal of West Pakistan Ordinance XXII of 1963 .– The West Pakistan 
Establishment and Improvement of Parks and His torical Places (Lahore) Ordinance, 
1963, is hereby repealed. 
4. Relinquishment of land acquired under West Pakistan Ordinance XXII of 
1963.– (1) Notwithstanding anything to the contrary contained in any law for the time 
being in force, or in any award asse ssing compensation, or in any decree, judgment 
or order of any Court, the Trust shall, within ninety days of the coming into force of 
this Ordinance, remove from the land all materials of the Trust lying or stored on the 
land, including any installations, fixtures or structures put up or erected thereon by 
the Trust, and relinquish possession of the whole of the land. 
Explanation.– In computing the period of 90 days for the purposes of this sub -
section, with reference to any land, the period during which th e Trust i s under any 
legal disability or is precluded by reason of any lawful order from relinquishing 
possession of such land, shall be excluded. 
 (2) As soon as may be, after the coming into force of this Ordinance, the 
Trust shall, after holding such en quiry, if any, as it considers necessary, specify, by 
order in writing, the person to whom possession of any land relinquished by it under 
sub-section (1), is to be given. 
 (3) The delivery of possession of land to the person specified in an order 
made under sub-section (2) shall be a full discharge of the Trust from all liability in 
respect of such land, but shall not prejudice any rights in respect of the land to which 
any other person may be entitled by due process of law to enforce against the 
person to whom possession of the land is given. 
 (4) Where the person to whom possession of any land is to be given under 
the provisions of sub -section (2) cannot be found and has no agent or other person 
empowered to accept delivery on his behalf, the Chairman of the Trust shall cause a 
notice, declaring that possession of the land is being restored to such person, to be 
affixed on some conspicuous part of such land and also publish the notice in the 
official Gazette. 
 (5) Where a notice referred to in sub -section (4) is published in the official 
Gazette, the land specified in such notice shall be deemed to have been delivered to 
the person entitled to possession thereof, and the Trust shall not be liable for any 
 
1Substituted for the words “West Pakistan” by the Federal Adaptation of Laws Order, 1975 (4 of 1975), published in the Gazette 
of Pakistan (Extraordinary), Part I, dated August 1, 1975, pp. 435-467, Article 2(1) read with Schedule. 
compensation or other claim in respect of such land f or any pe riod after the date of 
publication of the notice. 
5. Compensation.– (1) For the whole of the period during which the land was in 
possession of the Trust under the provisions of the West Pakistan Establishment and 
Improvement of Parks and Historica l Places (Lahore) Ordinance, 1963, or Martial 
Law Order No.126, till the date of its delivery in accordance with the provisions of 
section 4, compensation, to be determined in the manner and in accordance with the 
principles hereinafter set out, shall be p ayable by  the Trust for the use and 
occupation of the land:– 
(a) where the amount of compensation can be fixed by agreement, it shall 
be paid in accordance with such agreement; 
(b) cases where no such agreement can be reached shall be referred by 
the Trust to the Deputy Commissioner; 
(c) the Deputy Commissioner, in determining the amount of compensation, 
shall take into consideration the rent at which the land was let out 
immediately before it was taken possession of by the Trust under the 
provisions of the  West Pak istan Establishment and Improvement of 
Parks and Historical Places (Lahore) Ordinance, 1963, or Martial Law 
Order No.126, or where the land was not let out when possession 
thereof was taken by the Trust, the rent of similar land in similar 
circumstances prevailing in the locality during the twelve months prior 
to the taking over by the Trust of the possession of the land. 
 (1-A) The compensation payable under sub -section (1) shall include 
compensation for– 
(a) any trees or crops standing on the lan d, which were cut or  removed 
during the period possession of the land was with the Trust; 
(b) any damage to nurseries on the land caused during the said period; 
(c) any damage to houses, shops or other structures on the land caused 
during the said period: 
 Provided that no compensation under this sub -section shall be payable 
unless claim therefor was made in writing to the Land Acquisition Collector of 
the Trust before the coming into force of this Ordinance. 
 (2) The compensation payable under sub -section (1), shall be apportioned 
among all persons known or believed to have any right or interest in the land, 
according to their respective rights and interest therein. 
 (3) Any party aggrieved by the decision of the Deputy Commissioner under 
clause ( c) of sub -section ( 1) o r sub -section (2) may appeal to the Commissioner 
within ninety days of the date of decision. 
 (4) The decision of the Deputy Commissioner, subject to the result of an 
appeal, if any, shall be conclusive and final between the parties and shall not be 
called into question in any Court by means of a suit or otherwise. 
 (5) The decision of the Deputy Commissioner may, on an application being 
filed in any Civil Court having jurisdiction, be executed as if it were a decree of such 
Court. 
 (6) The payment by the Trust of compensation under the provisions of this 
section in respect of any land shall be a full discharge of the liability of the Trust in 
respect of such land, and notwithstanding anything contained in any other law for the 
time being in for ce, or in  any award assessing compensation, or in any decree, 
judgement or order of Court, the Trust shall not be liable to pay any other 
compensation for the acquisition or use or occupation of such land. 
 (7) Any amount payable under the provisions of th is section by the Trust 
shall be adjusted against any compensation paid or payment made by the Trust in 
respect of such land under the provisions of the West Pakistan Establishment and 
Improvement of Parks and Historical Places (Lahore) Ordinance, 1963, or  Martial 
Law Order No. 126, and if on such adjustment, any sum is found due to the Trust, 
such sum shall be recoverable as arrears of land revenue from the person to whom 
such compensation was paid or payment made by the Trust. 
6. Collector to have powers of a Civi l Co urt.– For the purposes of 
performance of his functions under this Ordinance, the Deputy Commissioner shall 
have the same powers as are vested in a Civil Court under the Code of Civil 
Procedure, 1908, in respect of enforcing the attendance of a ny witnes s or  the 
production of a document or other thing. 
7. Trust to prepare scheme in respect of land not to be relinquished .– The 
Trust shall, in respect of the land taken possession of by it under the provisions of 
the West Pakistan Establishment and Improvement o f Parks and Historical Places 
(Lahore) Ordinance, 1963, or Martial Law Order No.126 and which is not to be 
relinquished under the provisions of section 4, frame a scheme under the Town 
Improvement Act, 1922. 
8. Power to make rules .– (1) Government may make rules for the purposes of 
carrying into effect the provisions of this Ordinance. 
 (2) In particular and without prejudice to the generality of the foregoing 
power, such rules may prescribe– 
(a) the procedure to be followed by the Deputy Commi ssioner f or 
determining the amount of compensation and its apportionment; and 
(b) the principles to be followed in apportioning the cost of any 
proceedings before the Deputy Commissioner.