Law: Land Acquisition Act, 1894

Section: 4,11,17

Land Acquisition Act (I of 1894)--- ----Ss.4, 11, 17---Acquisition of land---Non-publishing notification in official gazette---Petitioners assailed award issued under S.11 of Land Acquisition Act, 1894 and sought the same to be illegal, unlawful and void, and also sought its cancellation for it was in gross violation of law---Validity---Non-issuance of notification under S.4 of Land Acquisition Act, 1894 and its non-publication in official gazette was violation of statutory provision laid down in S.4(1) of Land Acquisition Act, 1894--- Issuance of award under S. 11 or 17 of Land Acquisition Act, 1894, was without jurisdiction and of the legal effect---High Court set aside order passed by authorities and cancelled award in question---High Court directed land owners who received compensation in lieu of award in question to return the same to concerned authority---Constitutional petition was allowed in circumstances. Dilshad and 2 others v. Senior Superintendent of Police and 2 others PLD 2007 Kar. 330; Umar Farooq v. Acquisition Collector, Bannu and 4 others PLD 1975 Pesh. 103; 2019 CLC 654; 2020 CLC 442 and 2018 CLC 449 ref. JUDGMENT FAZAL SUBHAN, J.----Petitioners Abdul Qadoos and others have filed the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, by invoking the jurisdiction of this Court with the following prayer:- It is therefore, prayed that on acceptance of instant petition, this Hon’ble Court may be pleased to declare the act of respondents, issuing of Award No. 20/LAC/Nathia Gali dated: 27.07.2012 and Corrigendum No. 127/LAC/Nathia Gali dated: 31.12.2013 as illegal, unlawful, void, ineffective upon the rights of the petitioners and direct the respondents to cancel the same. 2. Facts of the case in brief as narrated in the instant constitutional petition are that in the year 2011, the respondent/Provincial Housing Authority, Peshawar privately negotiated with the land owners and purchased 161 kanals 3 marals land from khasras Nos. 57 to 62, 70 to 74, 75/2, 75/1/2, 81/1/2, 81 and 82/1 situated in the village Darwaza Tehsil and District, Abbottabad for housing scheme and also took over the possession of…

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