Law: Land Acquisition Act, 1894

Section: 6,9,10,11,17(4),5A,4,8,12,

ORDER

Instant and connected constitutional petition bearing W.P. No.6059/2022 mutually claimed to inflict and cause gross prejudice to the petitioners arrayed therein, who are claiming denial of provision of opportunity to protect and assert proprietary rights against the declaration and process of compulsory acquisition. It is alleged that petitioners were being stripped of their constitutionally protected rights, that is the right to own, enjoy and utilize the property, in arbitrary manner and without adhering to the statutory safeguards provided under the Constitution of Islamic Republic of Pakistan 1973 (The “Constitution”) and the relevant law, that encapsulates the doctrine of eminent domain, which is Land Acquisition Act, 1894 (“the Act”).
 

2.    Essential factual details are the respondent No.4 Land Acquisition Collector (the Collector”), in manifestation of the intent of the Government, issued Notification numbered 185/DC/LAC, under section 4 of the Act, 1894 on 04.12.2020, which was gazetted on 07.12.2020. Notification manifests that land measuring 47-Kanal 1-Marla, falling in Mauza Alamgir, Tehsil & District Multan was required for the construction of Superintending Engineering Complex, Multan (“the Project”). Record depicts that subsequently another Notification numbered RB-3-224/2020, under section 17(4), having deeming effect of declaration under section 6 of the Act, was issued on 16.07.2021 and same was gazetted on 26.07.2021. Price of land, for the purposes of compensation, was determined in the meeting dated 11.10.2021 and was accordingly approved and intimated. It appears from the record that notices under sections 9 and 10 of the Act were issued on 13.10.2021 and allegedly distributed for public information in general and landowners, that is interested persons, in particular. Hearing, in terms of section 11 of the Act was conducted on 28.10.2021, which pre-award proceedings were allegedly attended by the interested persons or their representatives, and some of the participants had objected to the declared price / compensation and pleaded increase thereof. Finally, the Award, in terms of section 11 of the Act, was announced on 28.10.2021.
Specific details of parcels of land claimed by the petitioners are not necessary, since the scope of determination is limited to examine the scope and significance of requierement of issuance of notices under section 9 of the Act; to consider and adjudge the plea of non-