Law:

Section:

(a) Land Acquisition Act (I of 1894)--- ----S. 48---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to consider; whether land once acquired by the Government for public purposes could be re-allotted by it for any other purpose, notwithstanding S.48 of the Land Acquisition Act, 1894; whether the action of the Government, which was unilaterally taken, was without serving show-cause notice on the petitioners; and whether the action of the Government was bona fide or it was a colourable exercise of power. Province of Punjab through Collector, Lahore and another v. Saeed Ahmad and 4 others PLD 1993 SC 455 ref. (b) Land Acquisition Act (I of 1894)--- -----S. 48---Withdrawal of acquisition ---Exercise of jurisdiction by Government---Pre-conditions---Government is empowered under S.48 of Land Acquisition Act 1894, to withdraw from the acquisition of any land provided that the possession of the land has not been taken. (c) Land Acquisition Act (I of 1894)--- ----S. 48---Withdrawal of acquisition---Effect---Withdrawal of Government from acquisition under S.48 of Land Acquisition Act, 1894, entails automatic rescission of all previous notifications. Balwant Narayan Bhagde v. MD. Bhagwat and others AIR 1975 SC 1767; Ahbab Co-operative using Society Ltd. v. Commissioner Lahore Division Lahore and bothers PLD 1978 Lahore 273; and Mr.Sadiq Hussain Qureshi and others v. Ahbab Cooperative Housing Society Ltd. Lahore and others NLR 1979 Revenue SC 210 ref. (d) Land Acquisition Act (I of 1894)--- ---S. 48---Revenue Circular No.54, dated 6-5-1912, para.66--­Constitution of Pakistan (1973), Art. 199---Withdrawal of acquisition--­Factual controversy---Constitutional jurisdiction of High Court, exercise of---Grievance of the appellants was that the disputed area as mentioned in the lease deeds was leased out to the appellants and possession thereof was also delivered to them---Appellants had admittedly raised construction as well as boundary walls---No material had been brought on record that the appellants would not raise further construction and would hand over possession to the authorities---Land acquired and leased out to the appellants…

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