Law: Land Acquisition Act, 1894

Section: 4

Law: Land Acquisition Act, 1894

Section: 4

Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 163

Land Acquisition Act (I of 1894)-------S. 4---West Pakistan Land Revenue Act (XVII of 1967), S.163---Constitution of Pakistan, Art.199---Constitutional petition---Acquisition of land---Review jurisdiction under S.163, West Pakistan Land Revenue Act, 1967---Scope---Petitioners had become owners of land on the basis of agreement to sell dated 3-9-1973 and decree dated 15-10-1980 was passed in their favour---All rights enjoyed by -debtors devolved on petitioners as decree-holders from the date of agreement to sell---Revenue authorities, relying on notification for acquisition of land declined to issue alternative land to petitioners which orders were maintained by appellate authority and Board of Revenue---Validity---Mere issuance of notification under section 4 of Land Acquisition Act, 1894, did not divest original owners, as the notification simply expressed need of land and had specified public purpose---Land was not vested in Government, unless possession was taken over---Power of review provided under section 163 of West Pakistan Land Revenue Act, 1967, was limited in scope and could only be exercised on discovery of new and important matter or evidence which after exercise of due diligence was not within the knowledge of revenue officer or could not be produced at the time when order was passed---No such new piece of evidence or matter had been hinted at in the order passed by revenue authorities---Order under review was a deliberate decision with application of judicial mind and circumstances justifying review were not available that too after lapse of 25 years---Order passed by Board of Revenue was not speaking order and did not confirm to the standard prescribed by law---Respondents were allottees under temporary scheme whereas petitioners were allottees under permanent scheme and enjoyed precedence over the respondents---High Court in exercise of Constitutional jurisdiction set aside the orders passed by revenue authorities---Petition was allowed in circumstances. Mst. Daulat Bibi (represented by Legal Heirs) and 4 others v. Multan Improvement Trust, Multan PLD 1977 Lah. 665 and Haq Nawaz Khan and others v. Rab Nawaz and others 1992 SCMR 993 rel.…

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