Law: Land Acquisition Act, 1894

Section: 4 , 23

Law: Constitution of Pakistan 1973

Section: 45

  Land Acquisition Act (I of 1894)-- ----(. 3(b)---Constitution of Pakistan (1973), Art. 199---Constitutional petition-- Term "interested person" in relation to Land Acquisition Act, 1894-- Connotation---Definition of term "interested person" would include person claiming interest in compensation to be made on account of acquisition of land under the Land Acquisition Act---Petitioners being members of dissolved firm which owned land in question, were thus, "interested persons" within meaning of definition---Concept of "aggrieved party" in Art. 199 of the Constitution is of wide amplitude and range---Petitioners thus on either score, qualify as an aggrieved person and Constitutional petition filed by them was thus maintainable. Constitution of Pakistan (1973)-- ----Arts. 8, 9, 23 & 24---Law creating clog on Fundamental Rights, particularly one touching life, liberty or property, as guaranteed in the Constitution must be strictly construed and inroads into any such rights must conform to Constitutional freedom enjoyed by all and sundry. Yusuf Ali v. The Province of East Pakistan PLD 1959 SC (Pak.) 467; Province of Punjab v. Muhammad Ishaq PLD 1984 Lah. 261 and Muhammad Anwar v. Pakistan PLD 1989 Kar. 45 ref. Land Acquisition Act (I of 1894)-- ----Ss. 4 & 45---Notice in terms of S.4, Land Acquisition Act, 1894-- Essentials. For the purpose of notice envisaged in subsection (1) of section 4, section 45 of the Land Acquisition Act is specific and that has to be served "by delivering or tendering a copy thereof signed by the officer therein mentioned". a , Besides, other requirements of section 45, relevantly, have also to be met,. The only conceivable mode of proving issuance and service of such notice, recapitulating the substance of the notification issued under section 4, would have been by placing on record a copy   thereof together with necessary endorsement of service. The burden for so doing was on the respondents and that burden, one of fact, has not been discharged. In this background, it must be found that all the requirements of subsection (1) of section 4 were not satisfied in the case.…