Law:

Section:

(a) Punjab Land Acquisition Rules, 1983---R. 14---Punjab Jinnah Abadis for Non-Proprietors in Rural Areas Act (III of 1986), S. 10---Transfer of Property Act (IV of 1882), S.54---Land/property acquired for a specific purpose (establishing a colony)---Inordinate delay in utilizing such land for the said purpose---Effect---Return of land to its owner---Scope---Plaintiff (respondent) was owner of subject land, which was taken-over by Provincial Government (appellant) in the year 1990 under the Punjab Jinnah Abadis for Non-Proprietors in Rural Areas Act, 1986 for establishing a colony---Subject land was taken over through mutual negotiation and consent of parties and plaintiff was also paid due compensation---Provincial Government did not utilize the subject land for establishing the colony in question and plaintiff filed a suit praying that subject land should be returned to him as per Rule 14 of Punjab Land Acquisition Rules, 1983---Trial Court allowed suit of plaintiff, however Appellate Court dismissed the same on appeal---High Court, in its revisional jurisdiction, restored and decree of Trial Court---Validity---Subject land was taken over by virtue of mutual negotiation between the parties, which fact was established by the relevant mutation---Plaintiff received consideration/price of the takeover pursuant to the transaction---Subject land had been taken over for establishing a colony and such takeover/acquisition was not in terms of Land Acquisition Act, 1894, but rather was in the nature of a sale satisfying the requirements of S.54 of Transfer of Property Act, 1882---Even if subject land had not been utilized so far by the Provincial Government for establishing the colony in question, there was no provision in the Punjab Jinnah Abadis for Non-Proprietors in Rural Areas Act, 1986 or the rules framed thereunder to the effect that on the abandonment of a project, land should necessarily be returned to the land owner---Such return of land to its owner however might be permissible in equity---Benefit of Rule 14 of Punjab Land Acquisition Rules, 1983 was neither available to the plaintiff nor could it be legally resorted to by the courts below in order to grant…

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