Case Details

Citation(s)
2024 SLG 3025 2024 SLD 3025 2024 SCMR 1037
Supreme Court of Pakistan
Civil Petitions Nos. 1441 to 1449 of 2021, decided on 11thSeptember, 2023. (Against the order of judgment of LahoreHigh Court, Rawalpindi Bench, dated 02.02.2021, passed inW.P. No.2038 of 2020 and other connected matters). Date ofhearing: 15th Februar
PRESENT: UMAR ATA BANDIAL, C.J., SYED MANSOOR ALI SHAH AND AYESHA A. MALIK, JJ
Barrister Qasim Chohan, Addl. A.G. Punjab, Sh. Moeen-ud-Din, Chief Potohar, Sehar Ch., Law Officer, Irrigation, Mumtaz Watoo, XEN Small Dam and Syed Farhat Abbas, SDO for Petitioners. Sardar Abdul Raziq Khan, Advocate Supreme Court for
Respondents Nos. 1

COMMISSIONER, RAWALPINDI/ PROVINCE OF THE PUNJAB AND OTHERS---PETITIONERS

VS

NASEER AHMED AND OTHERS---RESPONDENTS

Law: Land Acquisition Act, 1894

Section: 4,5,17(1)

(a) Interpretation of statutes--- ----Time limit for performing a certain act under a statute---When a statute is silent about limitation, a reasonable time limit is to be supplied by the Courts. Federal Land Commission v. Habib Ahmed PLD 2011 SC 842 and Commissioner Inland Revenue v. Yasmeen Bano 2020 SCMR 1120 ref. (b) Land Acquisition Act (I of 1894)--- ----Ss. 4, 5 & 17(1)---Land acquisition---Preliminary notification under section 4 of the Land Acquisition Act, 1894 ("Act")---Addendum or corrigendum notification to a preliminary notification under section 4 of the Act---Time limit---Where any notification is issued to amend, vary or add to the earlier (preliminary) notification issued under section 4 of the Act, the same is to be issued within a reasonable time which shall be determined according to the specific facts and circumstances of the case---Furthermore addendum or corrigendum to a notification under section 4 can only be issued before the next step in the acquisition process is undertaken i.e. before the issuance of a notification under section 5 or under section 17(4) of the Act, though fresh acquisition proceedings can be initiated by issuing a fresh notification under section 4 of the Act if some more land is needed or likely to be needed later for the same purpose. Anwar Ali Sahto v. Federation of Pakistan 2002 PLC (C.S.) 526; Phoenix Security v. Pir Muhammad 2020 SCMR 132 and Khyber Zaman v. Governor, State Bank 2005 SCMR 235 ref. (c) Land Acquisition Act (I of 1894)--- ----Ss. 4, 5 & 17(1)---Land acquisition---Date of notification under section 4 of the Land Acquisition Act, 1894 ("Act")---Scope---Said date will not necessarily be the date of the first notification issued under section 4 of the Act, instead, it will be whenever the complete and final land is notified---In instances where addendums or corrigenda to a notification under Section 4 are issued, the indicator of the finality of the land notified would be when, after the issuance of an addendum or corrigendum, the public functionaries move forward with the acquisition proceedings by either issuing a notification under section 5 or under section 17(4) of the Act---Therefore,…
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