Law: Land Acquisition Act, 1894

Section: 4

(a) Land Acquisition Act (I of 1894)------S. 4---Quetta Development Authority Ordinance (IV of 1978), S. 113---Balochistan Land Lease Policy, 2000, Clauses 3(2), 4(2), 5(1), 5(2), 5(3), 10 & 16---Constitution of Pakistan, Arts. 24 & 185(3)---Land acquired by Provincial Government for public purpose---Unutilized part of acquired land allotted to a private person on lease --- Fraudulent and unlawful transaction---Land was acquired by the Provincial Government for construction of a bridge---Bridge was constructed by the City Development Authority ("Development Authority"), however, a, portion of the acquired land which remained unutilized ("subject land') and was reserved for the future expansion of the bridge, was purportedly allotted to a private person by the Development Authority---Legality---Admittedly subject land/unutilized land was neither owned by the Municipal Corporation nor by the Development Authority, but was owned by the Provincial Government, therefore none of the said bodies were competent or authorized to sell/allot the subject land---Even otherwise in terms of S. 113 of the Quetta Development Authority Ordinance, 1978, firstly, it was an essential pre-requisite to determine as to whether or not the sale of any land vested in or acquired by the Development Authority would be in the public interest; secondly, it was mandatory to publish notice of the proposed sale by Development Authority in the newspapers published in the city, and thirdly, and in the foremost, it was required that in case the land was an acquired land, it be first offered to the person(s) from whom the same had been acquired---None of the said essential statutory pre-requisites were met in respect of the allotment in question---Since admittedly the subject land was owned by the Provincial Government, it was to be dealt with in terms of Cl. 4(2) of the Balochistan Land Lease Policy, 2000 ("the Policy") [published in the Balochistan Gazette on 1-12-2000] which clause mandated that all State land falling within five miles of the limits of Municipal Committee/Municipal Corporation and within three miles of Town Committee would be reserved for further utilization---Subject…