Law: Land Acquisition Act, 1894

Section: 4,6,17(4)

Law: Land Acquisition Act, 1894

Section: 4,6,17(4)

Law: Punjab Private Site Development Schemes (Regulation) Rules, 2005

Section: 3(2)(g)

(a) Document-------When basic document on which superstructure is built is void, the whole structure collapses automatically. (b) Land Acquisition Act (I of 1894)--- ----Ss. 4, 6 & 17 (4)---Punjab Private Site Development Schemes (Regulation) Rules, 2005, R.3(2)(g)---Constitution of Pakistan, Art.199---Constitutional petition---Acquisition of land---"Public purpose"---Petitioners were landowners who assailed acquisition of land for Army Welfare Housing Scheme, on the ground that the acquisition was not for "public purpose"---Validity---Notifications of acquisition of land themselves denied "public purpose" as it was clearly stated that land was being acquired for welfare of army personnel only and not for general public---Army Welfare Housing Scheme was a scheme of Army Welfare Trust, which was a company but in relevant documents, Army Welfare Trust did not figure anywhere nor any document was produced before court to show if Army Welfare Housing Scheme had any authority to acquire land from the Province directly---Nothing was available on record to show that Army Welfare Housing Scheme for acquisition of land owned 80% land of the total proposed scheme except an affidavit furnished by revenue authorities, which affidavit was controverted by petitioner through counter affidavit---Army Welfare Housing Scheme did not hold 80% land of the total scheme as required under rule 3(2)(g) of Punjab Private Site Development Schemes (Regulation) Rules, 2005, at the time when notification under section 4 of Land Acquisition Act, 1894, for acquisition of land was issued---High Court in exercise of Constitutional jurisdiction declared the notification under section 4 of Land Acquisition Act, 1894, invalid and unlawful---Petition was allowed in circumstances. Raja Basharat Hussain and 3 others v. Capital Development Authority, Islamabad through Chairman and 3 others 2004 YLR 629 distinguished. Raja Muhammad Bashir, Imran Shafique, Tahir Malik, Farrukh Arif Bhatti, Muhammad Asif Chaudhry for Petitioners and Lt.-Col. (R) Abdul Qadir in person. Barrister Gohar Ali Khan for DHA/Army Welfare Housing Scheme. Rashid Hafeez, Asst. A.-G. and Zahid Sohail A.C. (Saddar) Rawalpindi…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492