Law:

Section:

(a) Punjab Town Improvement Act (IV of 1922), S. 33 -Acquisition-Development scheme-Cannot be initiated at the instance of a statutory corporation like University, WPIDC, WAPDA, State Bank etc.-Nor can Government on move by such statutory bodies ask Improvement Trust to frame a scheme for purposes of such bodies. Under the Town Improvement Act, 1922, the Trust can make a scheme of its own, or it may make a scheme at the instance of the Municipal Committee or at the instance of members of the Union Committee within the Municipal Committee, and if it refuses to do so, the Government may ask the Trust to do so. There is no provision that any of the statutory bodies like the Punjab University or any other University or WPIDC or the WAPDA or the State Bank of Pakistan can also ask the Trust to frame a scheme. The incorporation of the provisions in the Act for making the scheme at the Instance of the Municipal Committee and the non- corporation of provisions for making the schemes at the instance of other statutory bodies is, strong evidence to show that the powers contained in the Improvement Act, 1922 were not intend ed to be exercised at the instance of such both-, That it was not so intended is, more evident from the circumstance that if such statutory bodies needed the land for their own benefit they could acquire it compulsorily by resorting to the provisions under the Land Acquisition Act. (b) Land Acquisition Act (I of 1894), Ss. 9, 17 & SO read with Punjab Town Improvement Act (IV of 1922), Ss. 24(3), 28 & 36 Acquisition of land for development scheme---Preparation of deve lopment scheme contemplated by S. 24(3). Punjab Town Improve ment Act-A sine qua non for issue of notice under 5. 36 Scheme under S.24(3) not having been prepared, acquisition proceedings under S. 36, Punjab Town Improvement Act, 1922 and the Land Acquisition Act, 1894, held, null and void. It is only after a scheme is framed under the Punjab Town Improvement Act, 1922, that the Trust acts under section 36 and prepare a notice stating (i) the fact that the scheme has been framed; (ii) the boundaries of the locality comprised in the scheme; and (iii) the place at which details of…