Case Details

Citation(s)
2022 SLG 287 2022 SLD 287 2022 CLC 106
Lahore High Court
Writ Petition No. 10392 of 2014, decision dated: 1-01-2021, hearing date: 1-01-2021
CH. MUHAMMAD IQBAL, JUSTICE
Petitioner(s) by: Sayyid Ali Imran Rizvi
Respondent(s) by: Asif Mahmood Cheema, Addl. Advocate General

WALI REHMAN

VS

THE ADDITIONAL COMMISSIONER (REVENUE) GUJRANWALA DIVISION AND 7 OTHERS

Law: Land Acquisition Act, 1894

Section: 4

(a) Land Acquisition Act (I of 1894)---S.4---Notification---Object, scope and purpose---Objection of notification is to disclose intention and need of government and also to give notice to public at large that land subject matter of Notification is required for public purpose---Notification under S.4 of Land Acquisition Act, 1894, is merely introductory measure, tentative in nature and furnishes foundation of carrying out subsequent proceedings of acquisition as well as it is amounting to a cautioning pubic that any transaction / alienation made subsequent to issuance of notification would be at risk and cost of respective parties. M/S. Eden Developers (Pvt.) Limited v. Government of the Punjab and others PLD 2017 Lah. 442 and Sardar Dildar Ahmad Cheema v. Board of Revenue, Punjab through Member (Revenue) and others PLD 2013 Lah. 565 rel. (b) Land Acquisition Act (I of 1894)---Ss.6 17---Notification---Object, scope and purpose--- Issuance of notification under S.6 of Land Acquisition Act, 1894, is a conclusive declaration that land is needed for public purpose--- Object of S.17 Land Acquisition Act, 1894, is to allow an authority to proceed with matter without waiting completion of other formalities--- Once possession of land is taken under S.17 of Land Acquisition Act, 1894, whereafter title of land for all intents and purposes vests free from all encumbrances in the name of government and ownership of previous proprietor by operation of law stand ceased/extinguished whereafter land owner was stripped off from legal authority / right to make any transaction of acquired land--- Any person who purchases acquired land during or after acquisition proceedings is debarred to challenge acquisition proceedings and if any sale / alienation of land so acquired is executed that would be void and non-existence in the eyes of law. Shiv Kumar and others v. Union of India (UOI) and others (AIR 2019 SC 5374 rel. (c) Land Acquisition Act (I of 1894)---Ss.4, 6 17 (4)---Constitution of Pakistan, Art.199---Constitutional petition---Acquisition notification---Subsequent purchaser---Objection to acquisition---Locus standi filed objections to acquisition of land which objections…
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