Law: Land Acquisition Act, 1894

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

Law: Constitution of Pakistan, 1973

Section: 199,23,24

Land Acquisition Act (I of 1894)--- ---- Ss.4, 5-A, 17(4) & 17(6)---Constitution of Pakistan, Arts.199, 23 & 24---Constitutional petition---Notification for acquisition of land---Land of petitioners and others was acquired for construction of interchange and notification under S.4 of the Land Acquisition Act, 1894 was issued---Award was made and compensation was paid to all those whose land was acquired for construction of Interchange---Urgency was declared and notification was issued under Ss.17(4) & 17(6) of the Land Acquisition Act, 1894 but the land of the petitioners was not included in the said notification---Fresh notification was issued under S.4 of the Land Acquisition Act, 1894 for acquiring the land of the petitioners---Contention of the petitioners was that the interchange stood completed and their land was being acquired for horticulture purposes only and not for construction of Interchange---Validity---Competent authority might acquire the land in public interest as and when needed---Authorities were well within the law and presumption of correctness was attached to their act, until and unless there was some malice on their part which could not be established by the petitioners---Mere raising allegation of malice or mala fide was nothing until and unless same was proved through cogent evidence---Petitioners had remedy available to them before the Collector under S.5-A of the Land Acquisition Act, 1894 in the shape of raising objections---Property of the petitioners had been acquired in accordance with law and they had not denied receipt of compensation under award and petitions for enhancement of compensation were also pending decision before the Collector---No illegality was committed by the Authorities while issuing notification under S.4 of the Land Acquisition Act, 1894---Constitutional petition was dismissed. Sub. (Retd.) Muhammad Ashraf v. District Collector Jhelum and others PLD 2002 SC 706 rel. JUDGMENT ATIR MAHMOOD, J.--- Through this petition, the petitioners have impugned the notification dated 23-11-2009 issued under section 4 of the Land Acquisition Act, 1894 by the revenue authorities to acquire the land of the…

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