Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Acquisition of land for defence purpose--Grievance of petitioner--Filing of application before District Collector--Dismissed--Filling of objections--Announcement of accusation award--Maintainability--Main argument of petitioners counsel is that land of Major General (R) Muhammad Asif Khatak in Khasra No. 1676, 1677, 1678 and 1684 was excluded just to give him benefit, hence petitioner has been discriminated--Firstly, Major General (R) Muhammad Asif Khatak has not been impleaded as party in this petition to respond to these allegations and secondly respondents have explained that most of his piece of land is out of proposed dimension of Drop Zone area, hence same was not acquired--It is not cast of petitioner that his land does not fall within proposed area for Drop Zone or same is being acquired for any purpose other than defence purpose and Drop Zone and training area--No case of discrimination under Article 25 of Constitution of Islamic Republic of Pakistan, 1973, has been made out--Apprehension of petitioner that he is not expecting reasonable compensation, for his land being acquired, said ground or any other related ground can only be agitated by petitioner before appropriate forum by filing a Reference under Section 18 of Act against Award and not through this Constitutional petition--Petition was dismissed.    [Pp. 178 179] A, B C Order This constitutional petition has been filed with the following prayer: “It is, therefore very respectfully prayed that instant writ petition may kindly be accepted, the Notification under Section 4 of the Land Acquisition Act dated 20.07.2016 passed by respondent No. 2 and Notification under Section 5 No. 5 dated 3514/LAC/ATK dated 17.07.2017 and order dated 06.06.2018 passed by Respondent No. 1 and the other order dated 24.06.2017 passed by Respondent No. 2 may also be set aside to the extent of petitioner’s land and respondents may kindly be directed to exclude the land of petitioner as mentioned in Para 1 of the writ petition, along with Khasra No. 300 () adjacent to Khasra Nos. 214, 215 as shown on the Aks Shajra as the land of Major General (R) Asif has been…

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