Law: Land Acquisition Act, 1894

Section: 4,5A,6,17,17(1)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Land Acquisition Act (I of 1894)--- ----S.4---Notification of acquisition---Object, scope and purpose---Notification under S.4 of Land Acquisition Act, 1894, is issued to give notice to public at large that land subject matter of notification is required for public purpose and it further means that there is "an impediment to anyone to encumber land acquired thereunder"---Any encumbrance created after gazette notification is void against State. (b) Land Acquisition Act (I of 1894)--- ----Ss.4, 5-A, 6 & 17---Constitution of Pakistan, Art.199---Constitutional petition---Acquisition of land---Non-assailing by landowner---Notification of acquisition of land was issued on 28-9-1956 and landowner who was father of petitioner did not receive compensation nor filed any objection---Plea raised by authorities was that petition was suffering from laches---Validity---Issuance of notification showed that in absence of any objection on the part of owner, suit land stood vested in Provincial Government and compensation ascertained and deposited in government treasury became property of landowner---Predecessor-in-interest of petitioner did not challenge acquisition proceedings nor raised any objection against ascertainment of compensation---When landowner died, his estate was compensation money regarding acquired land and after his death his legal heirs only inherited deposited compensation money and not the land---In case the owner or interested person failed to raise objections or to challenge acquisition proceedings after issuance of gazette notification under S.4 read with Ss.17(1) and 6 of Land Acquisition Act, 1894, the acquisition proceedings regarding such person were generally neither quashed nor were vitiated regarding owner of land by any error of law---Once land was vested in State free from all encumbrances, it could not be divested and proceedings under Land Acquisition Act, 1894, would not lapse, even if award was not made within statutory stipulated period---Authorities had deposited compensation and right to receive the same was alive as authorities were not denying right of petitioner to receive compensation, hence no question of laches---High Court…

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