Law: Land Acquisition Act, 1894

Section: 4

Land Acquisition Act (I of 1894)--- ----S.4---Acquisition of land---Selection of land---Jurisdiction---Petitioners were aggrieved of acquisition of land by authorities for the purpose of graveyard---Plea raised by petitioners was that authorities should have acquired baren land instead of agriculture land---Validity---Such was consideration of acquiring agency keeping in view nature of public purpose, for which they proposed a particular site, process was completed and ultimately award was issued---Neither petitioner nor residents of the area or anyone else approached authorities concerned for redressal of their grievance---Neither petitioners nor added respondents who were supporting petitioners contention were able to establish violation of law, infringement of their fundamental rights or contravention of statutory provision i.e. Land Acquisition Act, 1894 and Khyber Pakhtunkhwa Land Acquisition Rules, 2020---High Court declined to interfere in the matter---Constitutional petition was dismissed in circumstances. JUDGMENT MUHAMMAD NAEEM ANWAR, J.---This single judgment in the instant petition shall also decide the connected W.P No.274-M/2022 titled Hassan Ali and another v. Government of Khyber Pakhtunkhwa through Chief Secretary and others as an identical question of law and facts is involved in both the petitions. 2. By invoking the writ jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have questioned the legality and validity of notification No.27299/204/Acq/DC(S) dated 16.08.2021, with further prayer in terms of directing respondent No.3 for acquisition of land of the kind of banjar instead of the agricultural owned by them. 3. Facts lying in the background of the instant petition are that the petitioner is the resident of Sambat, Tehsil Matta, District Swat. As per his contention, he is owner of the properties situated in the revenue estate of Sambat; that he is office bearer of Jamiat Ulema-e-Islam (JUI) of the Constituency of PK-09 (Swat), to which Chief Minister of the Province belongs and that he is social and political worker of the locality, as such, he plays a key role in the…

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