Law:

Section:

Land Acquisition Act (I of 1894)-------Ss. 17(4), 5, & 5-A---Constitution of Pakistan, Art. 199---Constitutional petition---Acquisition of land in cases of urgency---Acquisition of land for the purpose of development of a mass transit metro-bus project---"Public purpose"---Scope---Petitioners impugned proceedings initiated for acquisition of the petitioner's land for a mass transit metro bus project, inter alia on the ground that proper procedure had not been followed and no notice under Ss.5 & 5-A of the Land Acquisition Act, 1894 was served on the petitioners and no opportunity was provided to them for filing objections---Validity---Provincial Government had issued notifications declaring urgency, under Ss.4 & 17(4) of the Act, and the same were affixed at conspicuous places of the locality---Project was for "pubic purpose" and under the Land Acquisition Act, 1894 the Provincial Government had power to acquire land for "public purpose"---Upon issuance of notice under S.17(4) of the Land Acquisition Act, 1894 provisions of Ss.5 & 5-A of the Act were done away with upon a direction of the Commissioner---Metro Bus project was aimed at the planned development of the city and therefore land was required urgently hence provisions of said S.17(4) were invoked---Section 17(4) of the Land Acquisition Act, 1894 was based on subjective satisfaction of the competent authority to determine whether to apply the provisions or not according to prevailing circumstances, and the same was not available for scrutiny by the court---When provisions of S.17(4) were invoked and urgency was declared, no prior notice or intimation to owners of land was required---Petitioners were, therefore, bound by law to surrender their land for public purpose and a remedy was available to them to raise objections on the compensation or enhancement thereof under S.18 of the Land Acquisition Act, 1894---Constitutional petition was dismissed, in circumstances. Muhammad Ashiq and another v. Water and Manpower Development Authority, Lahore through Chairman, WAPDA House and another PLD 2008 SC 335 and PLD 2009 SC 217 rel. Petitioner No.1 in person. Syed Nayyar Abbas Rizvi, Addl. A.-G.…

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