Law: Land Acquisition Act, 1894

Section: 3(f),4,5,5A,6,11,18,23,48,54

Law: Constitution of Pakistan, 1973

Section: 24,199

(a) Land Acquisition Act (I of 1894)--- ----Ss. 4, 6, 11, 18, 54 & 48---Constitution of Pakistan, Art. 199---Constitutional petition---Acquisition of land---Public purpose---Publication of notification---Scope---Procedure---Government issued notification for acquisition of land for housing scheme for government servants and general public---Contention of petitioners, inhabitants of the area, was that said land was previously notified for acquisition, but same was denotified---Validity---Publication of notification was a preliminary step to acquire land proposed by the concerned government department---Notification issued under S. 4 of the Land Acquisition Act, 1894 might not be declared void or same could not be directed to be withdrawn at initial stage---Government had to decide whether the proposed land be acquired and if satisfied in such regard then a declaration would be made---On such declaration notification would be published and thereafter acquiring official had to take order of acquisition from the concerned Government---Notices in such regard would be served on effected persons who would have their rights to raise objections and after inquiry the acquiring agency had to pass an award---Person not satisfied from the compensation might prefer objection which would be referred to court as a reference---Interested person had right of appeal against the of Referee Court before the High Court and might also approach the Supreme Court if remained unsatisfied---Government might withdraw from the acquisition of land of which possession had not been taken---Collector should determine the amount of compensation in consequences of the notice or of any proceeding---Collector should pay such amount to the person interested together with cost incurred by him in the prosecution of the proceedings to the said lands if considered themselves to have suffered any loss or damage by withdrawal of subsequent notification might seek their relief---Withdrawal of earlier notification did not entitle petitioner to challenge the impugned notification on the ground that previously such another notification of same kind was withdrawn---No restriction could be placed on the…

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