Law: Companies Ordinance, 1984

Section: 30

(a) Land Acquisition Act (I of 1894)--Ss. 4 & 17(4)---Companies Ordinance (XLVII of 1984), Ss. 30, 31, 32, 451 & 452---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Writ petition---Acquisition of property---Public purpose---Scope---Notification issued by Collector for acquisition of property for construction of a Power Project by company, had been challenged by the owners of the property---Petitioners (owners) had contended that said company being a non-State-Subject and not registered in Azad Jammu and Kashmir, acquisition of property for such company was neither lawful nor same was being acquired for the public purpose---Validity---Term "company" would mean a company registered under the Companies Ordinance, 1984---Certificate issued by Registrar of Joint Stock Companies, had revealed that the company had delivered the necessary documents required under Ss. 30, 31, 32 & 451 of Companies Ordinance, 1984; and thereafter the proceedings of acquisition of land in the company's favour had been made---Once any company was registered after fulfilling the requirements of proceedings then it could not be said that the company was non-State Subject---Purpose for which land was being acquired for the company was of public utility---Even otherwise acquisition proceedings, though were being taken in favour of company, but ownership of said project would be given to Azad Jammu and Kashmir Government---Controversy that the company was not State Subject had, therefore, become irrelevant---Company had also stated in written statement that their status was that of contractor/lessee and; they would use the project only for 35 years, subject to payment of settled tariff to Azad Government---Contention of the petitioners that property in question had been acquired for the company, being misconceived was turned down, in circumstances. (b) Land Acquisition Act (I of 1894)--- ----Ss. 4 & 17(4)---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Writ petition---Acquisition of land for public purpose---"Public purpose", determination of---Scope---Collector Land Acquisition had the prerogative to determine as to whether…

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