Law: Land Acquisition Act (I of 1894)

Section: 39, 17(4), 41

Law: Constitution of Pakistan, 1962

Section: 98

(a) Land Acquisition Act (I of 1894), Ss. 39, 17(4) & 41---Provi sions of S. 39 applicable only when acquisition of land for benefit of company simpliciter---Land sought to be acquired for public purpose-Execution of agreement between Government and Company and consent of Provincial Government not necessary, prior to notice under S. 17(4). Ch. Khushi Muhammad v. The Commissioner of Multan Divi sion, Multan and 3 others P L L) 1965 Lah. 250 and Rajan Singh and others v. State and another A I R 1959 All. 635 distinguished. (b) Constitution of Pakistan (1962), Art. 98---Order passed by public authority not to be lightly interfered with-Duty of Court to explore all possible explanations for its validity and to examine entire field of powers conferred on authority in pursuance of which impugned order was passed. Lahore Improvement Trust v. Custodian Evacuee Property West Pakistan Lahore and 4 others P L D 1971 S C 811 rel. Date of hearing: 26th April 1973.                                                                                                                   JUDGMENT The subject-matter of dispute in this case is a land measuring 22 kanals and 2 marlas situated in the revenue estate of Ferozewala District Sheikhupura. A Notification bearing No. 494-70/188 HC(S) dated the 3rd of February 1970, was issued by the Collector under section 4 of the Land Acquisition Act 1894 (hereinafter called the Act). It was published in the Gazette dated 4-3-1970. It reads as follows t- "Extraordinary Issue. Registered No. L-7532. The Gazette of West Pakistan Published by Authority. Lahore, Wednesday March 4, 1970.   OFFICE OF THE COLLECTOR, SHEIKHUPURA DISTRICT, SHEIKHUPURA Notification The 3rd of February 1970. No. 494-70/188-HC(S).-Whereas, it appears to the Collector. Sheikhupura District, Sheikhupura that land is likely to be acquired and taken by Government for Messrs Waqar…