Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(e)

(a) Punjab Acquisition of Land (Housing) Act (VIII of 1973) [since repealed]--- ----S. 4(1)---Qanun-e-Shahadat (10 of 1984), Art. 129(e)---Acquisition proceedings---Legality---Notification for acquisition of the disputed land (‘the notification’) was issued under section 4(1) of the Punjab Acquisition of Land (Housing) Act, 1973 (‘the Act’)---Said notification stated that land in the locality mentioned in the schedule to the notification was being acquired for the development of a scheme---Perusal of said schedule showed that it mentioned various khasra numbers which were acquired in the locality, however, the disputed land was not mentioned anywhere in the said schedule---Entire acquisition for the scheme was carried out based on the notification which had no mention of the disputed land---On the contrary, there was a subsequent notification (‘the subsequent notification’) on the record issued by the relevant Office of the Deputy Commissioner which established two facts; that the land mentioned in the notification was no longer required for the purpose mentioned in the notification, and, that the notification was withdrawn by the competent authority i.e., the Deputy Commissioner, as provided in section 4(1) of the Act---Nothing was available on the record to show that the subsequent notification was ever challenged by the Provincial Government authorities or, that a further notification was issued in supersession of the subsequent notification---Fact that a subsequent notification withdrawing the earlier notification was issued further showed that possession of the land sought to be acquired was not taken by the Provincial Government authorities---In the absence of any material suggesting that the subsequent notification was challenged, the Court under Article 129(e) of the Qanun-e-Shahadat Order, 1984 may presume the existence of the fact that the disputed land was not required by the Provincial authorities---Moreover various letters on record including from the revenue authorities and the Director of Provincial Housing and Physical Planning Department showed that the disputed land was in possession of respondents and Department itself excluded it from the…

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