Law:

Section:

Land Acquisition Act (I of 1894)--- ----Ss. 4, 23 & 24---Payment of compensation---Scope---Single Judge of High Court in constitutional petition passed order for payment of compensation to the land owners in lieu of land illegally taken over for construction of road---Validity---Respondents had purchased suit land by registered sale deed and mutation was sanctioned in the revenue record---Litigation with regard to land in question ultimately ended in favour of respondents up-to the Supreme Court---Road was constructed on the land in question without acquiring the same and without making any payment to the land owners---No Court or authority could be allowed to deny a vested right accrued in favour of respondents by the Supreme Court---Nothing was on record that any proceedings were initiated under Land Acquisition Act, 1894 to acquire the land for the purpose of construction of the road---Every citizen had right to acquire, hold and dispose of property in any part of Pakistan---State could acquire land but not alien to the Land Acquisition Act, 1894---Authorities, without acquiring land and payment of compensation illegally and unlawfully took over the possession of land and built the road in question---Acquisition of land by the authorities had rightly been held to be without lawful authority and of no legal effect---Authorities were directed to pay compensation forthwith to the respondents in lieu of land illegally taken over for construction of road---No illegality or perversity had been pointed out in the impugned order passed by single Judge of the High Court which had been passed in consonance with the spirit of law---Intra-court appeal was dismissed in limine in circumstances. Abdul Majeed and 2 others v. Abdul Ghani and others 2013 MLD 565 rel. THIS ORDER PASSED BY: JAWAD HASSAN JUSTICE:---.--- Through the instant Intra Court Appeal filed under Section 3 of Law Reforms Ordinance, 1972, the Appellant has called in question the legality of impugned order dated 31.05.2017 passed in Writ Petition No. 1630/2015 whereby the learned Single Judge has allowed the writ petition filed by the Respondents Nos.1 to 4 (the "Respondents") and the order dated…

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