Law: Land Acquisition Act, 1894

Section: 4

Law: Constitution of Pakistan, 1973

Section: 199

Land Acquisition Act (I of 1894)--- ----S.4 (as amended)---Acquisition of land---Notification of acquisition---Scope---'Public purpose'---Determination---Scope---Petitioners assailed validity of notification issued under S. 4 of Land Acquisition Act, 1894---Contentions of petitioners were that notification was issued in order to deprive them of their land in the garb of extension of graveyard due to influence of their rival politician and that acquiring department had failed to complete the acquisition proceedings within one year, therefore, notification for acquisition stood revoked---Validity---Report of local commission revealed that there existed old graveyards in three directions of the property in question and the same was feasible for the said purpose---Failure of acquiring department to complete the acquisition proceedings within one year would have no bearing on the case of petitioners---Section 4 of Land Acquisition Act, 1894 was amended only in order to avoid escalation in the prices of the acquired land so as to safeguard the interest of landowners---Constitutional petition was dismissed, accordingly. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD ATTIQUE SHAH, J.--- Javed Akhtar and five others, petitioners, seek the constitutional jurisdiction of this Court under Article 99 or the Constitution of Islamic Republic of Pakistan, 1973, with the following prayer: "It is respectfully prayed that this Honourable Court may graciously please to: (i) Declare that the impugned Notifications under section of Land Acquisition Act, 1894 vide No.1024 dated 16.09.2016, No.4699 dated 21.05.2018 and proceeding under section 6 of Land Acquisition Act, 1894 are illegal, unlawful, arbitrary, discriminatory, without jurisdiction, void ab-initio and having no legal effect upon the rights of petitioners. (ii) Declare that the entire acquisition proceedings initiated by the respondents are unlawful, arbitrary and unsustainable or non-compliance of the mandatory statutory provisions and purpose of the acquisition is not for the benefit of the general public being time barred. (iii) Declare that acquisition of graveyard is without lawful justification, arbitrary and just for…

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