| Citation(s) |
|---|
| 2005 SLG 1854 2005 SLD 1854 2005 PLD 345 |
Lahore High Court
Intra-Court Appeals Nos. 575, 565 and 579 of 2003, decided on 2nd March, 2005. dates of hearing: 28th February and 2nd March, 2005
SYED ZAHID HUSSAIN AND SYED SAKHI HUSSAIN BOKHARI, JJ
Faisal Islam and Sajjad Hussain Naqvi for Appellants. Munir Ahmed Bhatti and Muhammad Mudassar Bodla for
Respondents
Intra-Court Appeals Nos. 575, 565 and 579 of 2003, decided on 2nd March, 2005. dates of hearing: 28th February and 2nd March, 2005
SYED ZAHID HUSSAIN AND SYED SAKHI HUSSAIN BOKHARI, JJ
Faisal Islam and Sajjad Hussain Naqvi for Appellants. Munir Ahmed Bhatti and Muhammad Mudassar Bodla for
Respondents
MUHAMMAD ASHIQ and others
VS
WAPDA and others
Law:
Section:
Land Acquisition Act (I of 1894)------Ss. 4 & 17---Law Reforms Ordinance (XII of 1972), S.3---Intra Court Appeal---Acquisition of land---Special powers, exercise of---Acquisition of land scattered in pieces---Acquisition of selected land---Land was acquired by Government at public expense for a public purpose of construction of Water And Power Development Authority offices and, official residential colony---Notifications under Ss.4 and 17 of Land Acquisition Act, 1894, were issued and award for compensation was announced---Landowners contended that there was no urgency requiring issuance of Notification under S.17 of Land Acquisition Act, 1894; that the land was not acquired by the Government, rather the acquisition was for Water And Power Development Authority which was a corporation and that the acquisition was with mala fide intention as the land was in scattered pieces and land owned by some other pers6ns was not acquired---Contentions of appellants were partly repelled by High Court in exercise of Constitutional jurisdiction---Validity---Acquisition could not be rendered illegal on the ground that the land was in scattered pieces---Non-acquisition of land owned by some others did not, ipso facto lead to conclusion of any mala fide act on the part of land acquisition authorities---High Court had rightly affirmed the proceedings taken by land acquisition authorities for determination of compensation awarded to land owners---No new case could be set up in appeal nor the of High Court could be assailed on any such plea which was not taken before it---Division Bench of High Court declined to interfere with the passed by. High Court ---Intra-Court Appeal was dismissed. Federation of Pakistan through G.M. Telegraph and Telephone Department, Lahore Telephone Region, Lahore v. Province of Punjab through Land Acquisition Collector/Assistant Commissioner, 'Headquarters Lahore and 2 others 1993 SCMR 1673; Dr. Muhammad Nasim Javed v. Lahore. Cantonment Housing Society Ltd. and 2 others PLD 1983 Lah. 552; Muhammad Ishaq and others v. Government of Punjab and others 2002 SCMR 1652; Manubhai Jethalal Patel and another v. State of Gujarat and others AIR 1984 SC 120;…
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