Law: Land Acquisition Act, 1894

Section: 52,4

Law: Specific Relief Act, 1877

Section: 42,54,56(d)

Law: Civil Procedure Code (V of 1908)

Section: 1,2

(a) Land Acquisition Act (I of 1894)--- ----Ss. 52 & 4---Specific Relief Act (I of 1877), Ss. 42, 54 & 56(d)---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Suit for declaration and perpetual injunction---Interference with public duties of Federal or Provincial Government---Acquisition of land for public purpose---Interim injunction, refusal of---Plaintiff filed suit for declaration and perpetual injunction claiming therein that he was the owner in possession of the disputed land; that the respondents were bent upon to construct Government School and had started construction work on the land without passing award and giving compensation amount---Trial Court and appellate court concurrently dismissed the application under O. XXXIX, Rr. 1 & 2, C.P.C. for grant of temporary injunction---Validity---Land of petitioner was required for up-gradation of Girls High School to Higher Secondary School, as land of the petitioner was situated adjacent to the school---Land of any person, under the provisions of Land Acquisition Act, 1894, could be acquired by Government for utilization of public purpose and court could not restrain the Government from acquiring the land for public purpose---Injunction could not be granted to interfere with the public duties of any department of the Federal or Provincial Government under S. 56(d) of the Specific Relief Act, 1877 had failed to make out a prima facie case in his favour and balance of convenience was also not in his favour would not suffer irreparable loss as he would be compensated by the Government---Notification under S. 4 of the Land Acquisition Act, 1894 had already been issued and a copy of said notification was available on the record---Restraining the action of Government in the acquisition of the land was not permissible in view of S. 52 of Land Acquisition Act, 1894---Government had not yet prepared compensation papers and Collector had yet not passed the award of proposed acquired land---Collector Land Acquisition was directed by the Chief Court to pass the award of land of the petitioner and pay compensation amount within specified period---Revision petition was dismissed. (b) Civil Procedure…

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