Law:

Section:

(a) Constitution of Pakistan (1973)----   ----Art.24---Protection of property rights-- Acquisition of private property---Scope-- Public purpose---Acquisition of private property is not allowed under Art.24 of the Constitution except for "public purpose".   (b) Land Acquisition Act (1 of 1894)----   ----S.40---Constitution of Pakistan (1973), Art.24---Acquisition for public purpose by a company---Existence of public purpose, open to judicial review---Scope---Public purpose was different from a private purpose and the latter was restricted to individual interest-- Where a company required land for a purpose other than those mentioned in S.40 of Land Acquisition Act, 1894, such company could not request for acquisition through the machinery of law for compulsory acquisition under Land Acquisition Act, 1894-- Procedure provided for compulsory acquisition could not be invoked except in public interest ---Power of acquisition of land being restricted to public purpose, under the provision of Art.24 of the Constitution, existence of a public purpose was open to judicial review---Acquisition for personal benefit of a person or class of persons is ultra vires the Constitution.     (c) Words and phrases---   ------ Public purpose"---Definition.   AIR 1963 SC 151 ref.   (d) Land Acquisition Act (I of 1894)----   ----S.4---Acquisition of private property-- Scope--Government or an Agency could acquire private property and land of the people only for a public purpose---.Not possible tinder provisions of Land Acquisition Act, 1894, to take land of one to give it to another, in private interest.   Fauji Foundation v. Shamimur Rehman PLD 1983 SC 457 ref.   (e) Land Acquisition Act (I of 1894)---   ----S.4---Constitution of Pakistan (1973), Art.199---Constitutional petition-- Maintainability---Land was acquired for a Housing Foundation which was a registered company---Petitioners were the landowners whose land was acquired for a housing scheme planned by the said Foundation-- Petitioners had assailed the notification for acquisition issued by the Land Acquisition…