Law: Land Acquisition Act, 1894

Section: 3

a) Land Acquisition Act (I of 1894)--Ss. 3(a), 4, 17(4), 43-A & 55---Punjab Land Acquisition Rules, 1983, Rr. 10(2)(3) & 15(1)---Companies Ordinance (XLVII of 1984), S.42---Constitution of Pakistan, Art.199---Constitutional petition---Petitioner challenged the acquisition proceedings contending that their land being agricultural. in nature could not be acquired in view of R.10(3) of the Punjab Land Acquisition Rules, 1983 and that respondents company/Industrial Estate wholly owned by the Provincial Government could not transfer the acquired land to any other entity as such transfer would offend against S.43-A of the Land. Acquisition Act, 1894 and R.15(1) of the Punjab Land Acquisition Rules, 1983---Validity---Land Acquisition Act, 1894 permitted the acquisition of land without distinguishing culturable and non-culturable land, whether the land was situated in the vicinity of a town or not---Petitioner failed to point out any provision in the Land Acquisition Act, 1894 which exempted culturable land from acquisition---Rule 10(3) of the Punjab Land Acquisition Rules, 1983 purported to exclude culturable land in the vicinity of a town from the operation of the Land Acquisition Act, 1894 resulting in an obvious contradiction between R.10(3) and the provisions of the Land Acquisition Act, 1894---In case of contradiction or inconsistency between the parent statute and the rules framed thereunder, the statute would prevail and such rules would be ultra vires the statute and ineffective in law---Punjab Land Acquisition Rules, 1983 were, at best, guidelines for the officers conducting the acquisition proceedings but the same were not binding---Rule 10(3) of the Punjab Land Acquisition Rules, 1983 being inconsistent with. the provisions of the Land Acquisition Act, 1894 was ultra vires the Land Acquisition Act, 1894---Acquisition proceedings and the impugned notifications could not be struck down on the ground that the same might offend against R.10(3) of Punjab Land Acquisition Rules, 1983---Section 43-A of the Land Acquisition Act, 1894 and R.15(1) of the Rules did not prohibit the transfer of acquired land by a company to a third party rather conditioned such…

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