Law: Punjab Acquisition of Land (Housing) Act, 1973

Section: 4(1)

Punjab Acquisition of Land (Housing) Act (VIII of 1973)--- ----S. 4---Constitution of Pakistan (1973), Art. 199---Acquisition of land for Housing Scheme---Validity---Formalities as prescribed in Punjab Acquisition of Land (Housing) Act, 1973 were complied with; notification under S.4(1) of the Act was published in the Official Gazette; public notice as envisaged by law was published in the locality as also in the local newspaper---Plea that Collector failed to give public notice of the substance of the notification at the convenient places in the locality should have been taken in the Constitutional petition so as to provide opportunity to respondents to meet the said plea, which had been taken in the course of arguments---Factual plea relating to question of public notice could not be allowed to be raised for the first time during arguments addressed after about eight years of the notification---Even if public notice of the substance of notification was not given by Collector, still no prejudice could be claimed by petitioner as admittedly he was not in physical possession of land in question---Possession of large tract of land including land in question, was taken over by Authority, but petitioner waited for about two years to challenge the said acquisition---Much of the development work having been carried out at great expense, to set at naught acquisition proceedings at present stage at the behest of petitioner would be inequitable. Khub Chand v. State of Rajasthan AIR 1967 SC 1074 and Narinderjit Singh v. State of U.P. AIR 1973 SC 552 ref. Muhammad Hanif Niazi for Petitioner. A.R. Arshad Malik for Respondent. Date of hearing: 10th May, 1993. JUDGMENT Muhammad Taqi petitioner purchased Plot No.8 measuring 2 Kanals out of Khasra No. 591, in auction held by the Settlement Department on 3rd April, 1982. Land of this Khasra number alongwith some other land in all measuring 515 Kanals situate in the revenue estate of Ajudhiapur, Tehsil and District Lahore, was evacuee property and as such vested in the Provincial Government. This land was disposed of by Administrator, Residual Property, Lahore Division, Faridkot House, Lahore, through auction. The highest bid of…