Law: Capital Development Authority Ordinance, 1960

Section: XXIII,27,28,29,32

Law: Land Acquisition Regulation, 1961

Section: 3(1),15

(a) Capital Development Authority Ordinance (XXIII of 1960)-------Ss.27, 28, 29 & 32---Land Acquisition Regulation, 1961, Reglns.3(1) & 15---Acquisition of land---Compensation---Non-payment---Words "as soon as possible"--Effect---Quantity of land acquired---Determination---Factual controversy--Petitioner / Ministry of Interior Employees Cooperative Housing Society (MIECHS) sought direction to respondent / Capital Development Authority (CDA) to pay compensation and complete process of acquisition initiated in year, 2009--Plea raised by respondent / CDA was that no period was specified for payment of compensation---Validity---Mere fact that S. 29 of Capital Development Authority Ordinance, 1960 does not specify period within which payment of compensation is to be made to landowners for their acquired land does not mean that CDA has a free hand to make the payment as and when it takes its fancy---Deputy Commissioner has to proceed to pay the compensation awarded to interested party, as under regulation 15(1) of Land Acquisition Regulation, 1961, it has been provided that "as soon as possible after the award" ---Respondent / CDA claimed to have acquired a total of 641 Kanals and 13 marlas of land of petitioner / MIECHS whereas, according to petitioner / MIECHS, 682 Kanals and 15 marlas was acquired---Such dispute could not be resolved in Constitutional jurisdiction of High Court as it required recording of evidence---High Court declined to rely upon list of different chunks of land attached by petitioner / MIECHS allegedly owned by MIECHS in different Khasra numbers in Revenue Estate concerned, as the same was not an official document---High Court set-aside the compensation payable to petitioner / MIECHS on the ground that despite lapse of fifteen years from the date of pronouncement of award (i.e. 15-01-2009), no compensation was paid---High Court allowed respondent / CDA to initiate fresh process for determination of present market value of petitioner's / MIECHS's land in accordance with the law--Constitutional petition allowed accordingly.Allah Ditta v. Province of Punjab PLD 1997 Lah. 499; Dr. M. Aslam Khaki v. Muhamma7d Hashim PLD 2000 SC 225; Federation of…

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