Law: Land Acquisition Act, 1894

Section: 4

Law: General Clauses Act, 1897

Section: 21

Land Acquisition Act (I of 1894)--- ----S.4---General Clauses Act (X of 1897), S.21---Land acquisition---Acquired land no more required for the purpose---Resumption of such land---Principles---Land was acquired for construction of school building and subsequently other land had been acquired for the purpose---Building of school had been constructed after the award and school was functioning---If acquired land was not required for public purpose or for the purpose for which it was acquired, same was to be resumed and restored to the original owners or their legal heirs from whom it was acquired and if there was no such eventuality then land was to be utilized or disposed of by the Board of Revenue in accordance with policy of government regarding disposal of land---No prohibition existed for the government to utilize the acquired land for any purpose other than the purpose for which the same was acquired---Notification issued under S.4 of Land Acquisition Act, 1894 could only be cancelled by notification as contemplated by S.21 of General Clauses Act, 1897---Land acquired for public purpose could be used for other public purpose by the government---Order of Prime Minister on an application for de-notification of award issued by the Collector Land Acquisition did not carry any weight against government notification/order until it was cancelled as provided under S.21 of General Clauses Act, 1897---Land in question had been acquired for public purpose (school) and was useable as playground for the students---No writ could be issued to de-notify the acquisition of the said land---Collector Land Acquisition was directed by High Court to take possession of land and hand over the same to the school authorities---Writ petition was disposed of accordingly. 2017 YLR 746 ref. Ghulam Rasool and another v. Said Ahmed and others 2012 CLC 1655; Province of Punjab through Collector Lahore and others v. Saeed Ahmed and 4 others PLD 1993 SC 455; Administrator Municipal Committee Kotli and others v. Muhammad Abdullah and 3 others 2001 YLR 3367; Sajida Maqsood v. Azad Government and others 2012 YLR 1713 and 2001 YLR 3367 rel. THIS JUDGMENT DELIVERED BY: SADAQAT HUSSAIN RAJA, J.---…

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