Law: Code Of Civil Procedure, 1908.

Section: 47, 151

Law: Land Acquisition Act, 1894

Section: 48

Law: Constitution of Pakistan 1973

Section: 23 & 24, 227

Summary The High Court concluded that while the executing court traveled beyond its jurisdiction by formally de-notifying the land (a power reserved for the Provincial Government under Section 48 of the Land Acquisition Act), it was fully empowered to restore physical possession to the owners. Given that the compensation remained unpaid for nearly four decades and the public purpose was unfulfilled, the court directed the immediate restoration of possession and ordered the Provincial Government to formally de-notify the acquisition within one month to satisfy constitutional and Islamic mandates. Tagline: Executing courts cannot formally de-notify land acquisition, but must restore possession to owners if compensation remains unpaid for decades in violation of constitutional property rights.   ORDER; AURANGZEB, J.- Through this single judgment, the instant appeal as well as connected FAO No. 31-A/2011 and FAO No. 52-A/2024 are being decided together, as these connected matters pertain to the same controversy, involve similar questions of facts and law and in respect of same subject matter. This and the connected FAO No. 31-A/2011 are arising out of the common judgment dated 13.07.2009 passed by the learned Additional District Judge, Ghazi Camp Court, Haripur, whereby the learned executing Court ordered de-notification of the acquired land to the extent of shares of the decree-holders, subject to deposit of the awarded amount with the Collector and further directed restoration of mutation and possession in favour of the original owners. While FAO NO. 52-A/2024 has been preferred against the order dated 07.12.2023 and 05.09.2024, passed by the learned executing Court, whereby the matter was referred to the Collector Land Acquisition, Haripur for submission before the Provincial Government to consider denotification of the acquired land. Briefly stated, the facts of the case reveal a prolonged and unfortunate litigation arising out of compulsory acquisition of land undertaken in the year 1988 under the provisions of the Land Acquisition Act, 1894 for the benefit of a private limited company namely M/s Saif Nadeem Kawasaki Motors Limited. Upon…