Law:

Section:

Land Acquisition Act (I of 1894)--- ----Ss. 4, 6 & 17 (4)---Constitution of Pakistan, Art.199---Constitutional petition---Acquisition of land---"Public purpose"---Housing scheme for government servants---Petitioner assailed notification of acquisition of land for a housing scheme to be established for government servants on the plea that such acquisition was not for public purpose---Validity---Held, that there was no benefit to a private individual or a small coterie of individuals but land was being acquired for setting up of a housing scheme for government servants---No discrimination in such regard was made by government and all government servants were entitled to be benefitted by scheme in question---Jurisdiction at such stage for High Court to interfere was limited and circumscribed---High Court was only to ascertain if element of public purpose was woefully lacking in any acquisition being done---Purpose seemed to be well within the term 'public purpose' and any challenge to the scheme on such basis must fall on barren ground---Acquisition of land for the scheme was for a "public purpose" and attack of petitioner on such ground must fall---High Court declined to interfere in the notification issued by authorities---Petition was dismissed in circumstances. Federal Government Employees Housing Foundation through Director, Islamabad and another v. Muhammad Akram Alizai, Deputy Controller, PBC, Islamabad PLD 2002 SC 1079; Muhammad Akbar (through legal representatives) and 7 others v. The Commissioner, Rawalpindi Division and 2 others PLD 1976 Lah. 747; Muhammad Ishaq and another v. Collector, Lahore District, Lahore and others 2000 YLR 1074; Suo Motu Case No.13 of 2007 PLD 2009 SC 217; Pakistan through Ministry of Works Government of Pakistan, Karachi and another v. Muhammad Ali and others PLD 1960 SC 60; Fauji Foundation and another v. Shamimur Rehman PLD 1983 SC 457 and Federation of Pakistan through G.M. Telegraph and Telephone Department, Lahore Telephone Region, Lahore v. Province of Punjab through Land Acquisition Collector/Assistant Commissioner, Headquarters, Lahore and 2 others 1993 SCMR 1673 ref. JUDGMENT SHAHID KARIM, J.---A synoptical…

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