Law: Constitution of Pakistan, 1973

Section: 199

Law: Land Acquisition Act, 1894

Section: 4,30

Constitution of Pakistan, 1973-- ----Art. 199--Land Acquisition Act, 1894--S. 4, 30--Issuance of Notification for demarcation of open area--Petitioner was owner of open area--Construction of dualization of road--Purpose for construction of drain--No application was moved or objection raised regarding acquisition of Land before any forum--Public purpose--Alternate remedy--Apportionment compensation amount--Maintainability--Jurisdiction--Contentions of petitioner in his writ petition with regard to alleged design of owner of school to usurp his property and several demarcation proceedings taking place in that behalf would point towards actual grievance of petitioner about apportionment of compensation amount, which is also amenable to jurisdiction of Land Acquisition Court under Section 30 of Act of 1894--Needless to say that factual controversies with regard to location and need of drain, drain causing damage to open plot and shops of petitioner and polluting irrigation water are, indeed, beyond writ jurisdiction of this Court--Petition was dismissed. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE- Through the instant writ petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, Pir Ishfaq Ahmed, petitioner, is seeking the following declarations/directions: "I. To declare the impugned and other notifications of the Respondent No. 1 for acquisition of the petitioner's landed property as illegal, without lawful authority and of no legal effect; II. To direct the respondents to de-notify the impugned acquisition and abandon the construction of the disputed drain in the stated land of the petitioner; and III. To grant any other remedy to which the petitioner is found fit in law, justice and equity." 2. In his writ petition, while claiming ownership of landed property in Khasra Nos.526/1, 526/2, 527/1 and 527/2 including other khasra numbers in Mouza Sherpao, Tehsil Tangi, District Charsadda, and selling some portion measuring about 02 kanals to one Fazal- ur-Rehman who constructed shop and a school by the name of Hayat Shaheed Model School, the petitioner pointed out that there was a dual road in front of the said property…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492