Law: Land Acquisition Act, 1894

Section: 4

(a) Land Acquisition Act (I of 1894)--- ----S. 4--- Acquiring of land---Failure to complete acquisition proceedings within reasonable time---Effect---Petitioners assailed the notifications issued under S. 4 of the Land Acquisition Act, 1894, on the ground that no further proceedings had been carried out by the respondents since the issuance of the notifications---Validity---After issuance of notifications under S. 4, no further step had been taken by the respondents---To this effect, a report was also requisitioned from the Collector wherein no valid justification was available as to why no further action was initiated by the respondents after the issuance of the notifications under S. 4 despite lapse of several years---Even in the absence of any time frame in S. 4, the respondents were obliged to take further steps for the purpose of acquisition within reasonable time, which in no case should exceed one year from the date of issuance of notification---Constitutional petitions were accepted and the impugned notifications were set aside. Commissioner Inland Revenue Legal Division, RTO III Karachi v. Yasmeen Bano and 3 others 2020 SCMR 1120 and Federal Land Commission through Chairman v. Rais Habib Ahmed and others PLD 2011 SC 842 ref. Messrs Mehraj Flour Mills and others v. Provincial Government and others 2001 SCMR 1806 and Qasim Ali and 2 others v. Province of Punjab through Secretary, Irrigation Department, Lahore and 4 others 2021 YLR 1261 rel. Khalid Mehmood v. Collector of Customs, Customs House, Lahore 1999 SCMR 1881; Bahadur Shah and 6 others v. Acquisition Collector VI, Terbela Dam, Tehsil Haripur and 2 others 1995 SCMR 1077 and Province of Sindh through Collector of District Dadu and others v. Ramzan and others PLD 2004 SC 512 distinguished. (b) Land Acquisition Act (I of 1894)--- ----S. 4---Acquiring of land---Completion of acquisition proceedings within reasonable time--- Scope--- Law is always based on reasonableness and if no time is prescribed under the law for performing an act, it does not mean that the executive should sleep over the matter and put the citizens in agony of waiting the outcome of proceedings resulting into offending their…

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