Law: Capital Development Authority Ordinance, 1960

Section: 22

Law: Land Acquisition Act, 1894

Section: 4,17

(a) Capital Development Authority Ordinance (XXIII of 1960)--- ----S. 22---Land Acquisition Act (I of 1894), Ss. 4 & 17---Acquisition of land---Capital Territory---Special and general law---Applicability---Capital Development Authority Ordinance, 1960 is a self-contained and comprehensive law in respect of acquisition of land within Islamabad Capital Territory---Land Acquisition Act, 1894 is general law and its provisions are in conflict with special law, i.e., Capital Development Authority Ordinance, 1960---When provisions of a general law and special law are in conflict, latter prevails---As long as declaration made by legislature in S.22 of Capital Development Authority Ordinance, 1960 remains enforced, notice under S.4 of Land Acquisition Act, 1894 would be invalid, having no legal effect. (b) Land Acquisition Act (I of 1894)--- ----S. 4---Acquisition of land---'Public purpose'---Determination---Duty of court---Scope---Government is best judge as to whether 'public purpose' is served---Courts have jurisdiction and Constitutional duty and obligation to determine matter whenever an aggrieved person has raised a challenge, complaining that his or her fundamental rights are being infringed---Determination depends on facts and circumstances of each case---Duty of court to closely examine such facts and circumstances, particularly when it is not a case of acquiring land for construction of public school, hospital, road or such other project which is exclusively for benefit, welfare and use of general public---No precise definition of expression 'public purpose' existed Financial benefit for a few individuals at cost of land owned and vested in the State cannot be treated as a 'public purpose'. (c) Capital Development Authority Ordinance (XXIII of 1960)--- ----S. 22--- Land Acquisition Act (I of 1894), Ss. 4 & 17---Acquisition of land---Executive authorities, duties of---Scope---Executive authorities are in position of fiduciaries in that they hold property vested in government as trustees---Duty of executive authorities to act solely in interest of beneficiaries, i.e., the people---While exercising executive authority of Federation in relation to sale or…

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