Law: Constitution of Pakistan, 1962

Section: 24,9,23,199

Law: Land Acquisition Act, 1894

Section: 4

Law: Capital Development Authority Ordinance, 1960

Section: 25,27

Law: Federal Government Employees Housing Authority Act, 2020.

Section: 5,14(1)

(a) Constitution of Pakistan--- ----Art. 24---Property right---Scope---Power of eminent domain is inherent attribute of sovereignty of a State, which derives such power because of its dominion over land within its jurisdiction---Private property rights are not absolute and based on principle that public rights take precedence over private rights. Fauji Foundation and another v. Shamim ur Rehman PLD 1983 SC 457 rel. (b) Land Acquisition Act (I of 1894)--- ----S. 4---Constitution of Pakistan, Art. 24---Expressions ‘public purpose’, ‘public use’ and ‘public interest’ are used interchangeably. (c) Land Acquisition Act (I of 1894)--- ----S. 4---Constitution of Pakistan, Art. 24---Eminent domain---Good governance---Nature of power of eminent domain and its disruptive consequences make it a duty of State to inform each individual of the latter’s rights---In case of abuse of power of eminent domain, it becomes duty of state to remedy loss and damage caused to affected citizen, rather than leaving the latter to mercy of costly and time consuming judicial process. (d) Land Acquisition Act (I of 1894)--- ----S. 4---Constitution of Pakistan, Art. 24---Compulsory acquisitions---Pre-conditions---State is empowered to compulsorily acquire or to take possession of private property subject to fulfilling two fundamental conditions i.e. for public purpose and by authority of law which provides for compensation---Law has either fixed amount of compensation or has specified principles on and the manner in which compensation is to be determined and given. (e) Federal Government Employees Housing Authority Act (IV of 2020)--- ----S.5---Land Acquisition Act (I of 1894), S. 4---Constitution of Pakistan, Art. 24---Acquisition of land---Scope---Acquisition for establishing housing societies by Federal Government Employees Housing Authority is a public purpose. Federal Government Employees Housing Foundation, Islamabad and others v. Malik Ghulam Mustafa and others (C.As. Nos. 1476 to 1485/2018) rel. (f) Capital Development Authority Ordinance (XXIII of 1960)--- ----S. 25---Acquiring of property---Scope---Acquisition of property under Capital Development Authority Ordinance, 1960, is…

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