Law: Land Acquisition Act, 1894

Section: 6,4,41,42,17(4),18

(a) Land Acquisition Act (I of 1894)-------Ss. 4, 6, 41 & 42---Martial Law Instruction No.23, dated 17-8-1979--Acquisition of land by Government for Private Housing Scheme---Refusal of Society to grant landowner exempted plot equivalent to 30% of acquired land---Validity---Society through an. agreement with Government had undertaken to abide by Rules and Regulations framed by Government in respect of acquisition of land---Society through an advertised notice had asked landowners interested in exempted plots to approach its Secretary---Government in Notification under S.4 of Land Acquisition Act, 1894 had declared such Housing Scheme as Official Development Agency for public purpose---Principle of estoppel would attract to such case---Claim of landowner was justified and was allowed in circumstances. Dr. Muhammad Nasim Javed v. Lahore Cantonment Housing Society Ltd. and others PLD 1983 Lab. 552 and Abdalians' Cooperative Housing Society Ltd. v. Muhammad Bilal Khan 2003 YLR 1032 ref. (b) Land Acquisition Act (I of 1894)--- ----Ss. 4 & 6---Compulsory acquisition of land by Government---Essentials---Such acquisition ought to be for welfare of people and that Government should keep in mind welfare of affected landowners---Withdrawal of Government from its stand taken in notification under S.6 of Land Acquisition Act, 1894, would widen credibility gap between Government and public. JUDGMENT ALI NAWAZ CHOWHAN, J.---This judgment shall dispose of the following Civil Revisions bearing No.821 of 1999 and 820 of 1999, being connected matters and involving similar question. 2. These arise because of findings which are at variance. The learned Civil Judge, Lahore, vide his judgment dated 16-6-1996 decreed the suit in favour of the plaintiff/petitioner The judgment of the learned Civil Judge was reversed by the Court of learned Additional District Judge, Lahore, vide his judgment dated 15-10-1998 and hence these Civil Revisions. 3. Precisely the facts are as follows: This was a suit for declaration and consequential relief through mandatory injunction. According to the plaintiff, he was owner of land located in Khasra No.7803 situated at Mauza Niaz Baig, Tehsil and…

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