Law: Land Acquisition Act, 1894

Section: 3(f),4,6(3)

Law: Land Acquisition Act, 1894

Section: 3(f),4,6(3)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Land Acquisition Act (I of 1894)-------S. 3(f)---"Public purpose"---Scope---Public purpose is always to be deciphered according to requirements of a given acquisition and it cannot be unyielding---Public purpose depends upon the facts and circumstances of each case, as per the need of the communal. (b) Land Acquisition Act (I of 1894)--- ----Ss. 4 & 6(3)---Constitution of Pakistan, Art.199---Constitutional petition---Acquisition of land---Public purpose---Petitioner assailed diverting of road from previous position to new position and sought that land of respondents be not acquired for construction of road on new position---Validity---Declaration of public purpose could not be challenged in court, which was conclusive---Whether a purpose amounted to public purpose, entirely rested on the decision of government and its satisfaction to that effect---Such decision was not questionable, except on the ground that same was mala fide; was fraud on the statute and was an outcome of colourable exercise of power---Concern of an individual could not be paramount to the interest of general public and therefore, interest of general public should reign over the interest of an individual---Land in question was acquired for public purpose and that germane notification under section 4 of Land Acquisition Act, 1894, had been issued when the petition was still pending, to which no objections were preferred by petitioner---Notification issued under section 4 of Land Acquisition Act, 1894, would take its own course and the petition had lost its efficacy on such ground---Petitioner expressed his grievance to the extent of diversion of highway from originally envisaged position and therefore, it could not be allowed and land of petitioner be not acquired---Design of highway had already been changed for public purpose and their interest to which petitioner could not point out any mala fide or abuse of process of law on the part of public functionaries---High Court, in exercise of Constitutional jurisdiction, declined to interfere in the decision taken by authorities with regard to construction of highway---Petition was dismissed in circumstances. Athar Abbas Solangi for…

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