| Citation(s) |
|---|
| 2024 SLG 185 2024 SLD 185 2024 PLD 218 |
Supreme Court of Pakistan
(Against the order dated 24.09.2019 passed by the Peshawar High Court, Peshawar in W.P. No. 1163-P of 2019). C.A. No. 538 of 2022, C.M.A. No. 9963 of 2021 in C.A. No. 538 of 2022, C.A. No. 539 of 2022, C.A. No. 540 of 2022, C.A. No. 541 of 2022, C.A. No.
Present: Munib Akhtar, Shahid Waheed and Musarrat Hilali, JJ
For the Appellant(s)/ Applicant(s)/Petitioner(s) Malik Javed Iqbal Wains, Addl. A.G.P., Saad Rasool, Advocate (in C.M.A. No. 9420 of 2023). Ms. Ammara Ammar, MEO. Arif Mehmood, Survey Officer, MEO. For the
Respondent(s) Muhammad Yasir Khattak, Advoc
(Against the order dated 24.09.2019 passed by the Peshawar High Court, Peshawar in W.P. No. 1163-P of 2019). C.A. No. 538 of 2022, C.M.A. No. 9963 of 2021 in C.A. No. 538 of 2022, C.A. No. 539 of 2022, C.A. No. 540 of 2022, C.A. No. 541 of 2022, C.A. No.
Present: Munib Akhtar, Shahid Waheed and Musarrat Hilali, JJ
For the Appellant(s)/ Applicant(s)/Petitioner(s) Malik Javed Iqbal Wains, Addl. A.G.P., Saad Rasool, Advocate (in C.M.A. No. 9420 of 2023). Ms. Ammara Ammar, MEO. Arif Mehmood, Survey Officer, MEO. For the
Respondent(s) Muhammad Yasir Khattak, Advoc
C.A. No. 538 of 2022 GOVERNMENT OF PAKISTAN through Secretary Ministry of Defence Rawalpindi and another---Appellants
VERSUS
AKHTAR ULLAH KHAN KHATTAK and others---Respondents (Against the order dated 10.06.2021 passed by the Peshawar High Court, Pes
Law: Land Acquisition Act, 1894
Section: 4,16,17,18
Law: General Clauses Act, 1897
Section: 21
(a) Land Acquisition Act (I of 1894)--- ----Ss. 4, 16, 17& 48---General Clauses Act (X of 1897), S. 21---Acquisition of land, withdrawal from---Power of the Commissioner to withdraw from acquisition of any land---Scope---Power of the Commissioner to withdraw from the acquisition of any land is unfettered till possession has been taken---As such, the Land Acquisition Act, 1894, contemplates that once possession has been taken, acquisition is complete, and the Commissioner can no longer exercise the power to withdraw---Possession must be actual possession of the land, as all interests in the land are sought to be acquired; there can be no question of taking "notional" or "symbolical" possession, nor would possession merely on paper be enough---Possession ought to be either under Section 16 or 17 of the Land Acquisition Act, 1897---It is implicit that after possession has been taken, the land is vested in the Government, and the notifications issued prior to it cannot be cancelled under Section 21 of the General Clauses Act, 1897. Messrs Dewan Salman Fiber Ltd. and others v. Government of NWFP through Secretary Revenue Department Peshawar and others PLD 2004 SC 441; Government of Pakistan through Secretary, Ministry of Defence, Rawalpindi and another v. Farzand Begum and others 2022 SCMR 1383; Lt. Governor of Himachal Pradesh and another v. Sri Avinash Sharma AIR 1970 SC 1576 and B.N Bhagde v. M.D. Bhagwat AIR 1975 SC 1767 ref. (b) Land Acquisition Act (I of 1894)--- ----Ss. 4, 11 & 48---Acquisition of land, withdrawal from---Acquiring department after taking possession seeking to withdraw from the acquisition on the ground that the department did not have the funds to make payment---Legality---As a result of the award, the possession of the land was obtained from the landowners, which was confirmed by the record of rights for the year 1999, which reflected the acquiring department as the owner of the land---Land had been absolutely vested with the acquiring department of the Government since 1999---Since the appellants/petitioners had taken possession of the land in pursuance of the award under Section 11 of the Land Acquisition Act, 1894, the acquisition…
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