| Citation(s) |
|---|
| 2001 SLG 2566 2001 SLD 2566 2001 CLC 1497 |
Lahore High Court
Writ Petition No. 1900 of 1987, heard on 6-02-2001
CH. IJAZ AHMAD, J
M. Abdul Aziz Sheikh for Petitioner. Ch. Saeed Akhtar, Dy. A.G. for
Respondents
Writ Petition No. 1900 of 1987, heard on 6-02-2001
CH. IJAZ AHMAD, J
M. Abdul Aziz Sheikh for Petitioner. Ch. Saeed Akhtar, Dy. A.G. for
Respondents
Rana MUHAMMAD SHARIF
VS
COMMISSIONER, GUJRANWALA DIVISION, GUJRANWALA and 3 others
Law:
Section:
Land Acquisition Act (I of 1894)-------Ss. 4 & 17(4)---Punjab Land Acquisition Rules, 1983, R.7---Acquisition of land---Notification prepared under S.4 of Land Acquisition Act, 1894 was published in official Gazette after more than two years after its preparation and no further progress was made for acquisition of land even after more than one year of publication of said notification---Authorities had failed to take further steps within prescribed period of one year---Authorities had to exercise powers within the reasonable time in absence of any rule in that respect and reasonable would mean not extreme, arbitrary, capricious or confiscatory and it would depend upon variety of considerations and circumstances---Authorities having failed to take action in reasonable time, acquisition proceedings were confiscatory in nature and they should be construed strictly since the owner of the land was deprived compulsorily from his own land---Compensation of acquired land must be determined as early as possible in terms of Land Acquisition Act, 1894 and Rules framed thereunder. Province of Punjab v. Mufti Muhammad Ishaque and others PLD 1984 Lah. 261; Government of Pakistan, Secretary, Works Communication Physical Plannings' case 1996 SCMR 968; Nazar-ul-Hassan's case PLD 1990 Lah. 472; Qadrat Ullah and 4 others' case 19$9 CLC 680; Syed Mehboob Alam and others' case 1989 CLC 1801; 1989 CLC 1801; Allah Ditta's case PLD 1997 Lah. 499; State of Madhya Pradesh v. Krishna Prasad Sharma AIR 1966 SC 1593; Rati Lal v. State of Gujarat AIR 1970 SC 984; Muhammad Musthaq Ahmad Khan's case. PLD 1983 Lah. 178; Abdul Rahim's case 1983 CLC 1478; Sardar and others' case 1997 CLC 812; PLD 1983 Lah. 355; PLD 1994 Lah. 3 and Noor-ud-Din's case 1997 CLC 1971 ,ref. JUDGMENT Briefly, the facts of case are that petitioner owned land measuring 9 Kanals, 8 Marlas in village Khokharke Suburb of Gujranwala. Respondent No.2 issued notification for acquisition of land in question for respondent No.4 on 23-10-1982; Notification was published on 14-11-1984. Subsequently, respondent No.2 issued notification under section 17(4) of Land Acquisition Act, 1894 which was published in the Gazette…
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