Case Details

Citation(s)
1989 SLG 4013 1989 SLD 4013 = 1989 CLC 1724
Lahore High Court
Writ Petition No 686 of 1988/BWP., heard on 3rd June, 1989.
Presented By: Muhammad Sharif, J
Ch. Muhammad Akhtar Shabbir for
Respondents.

MUHAMMAD AKBAR and others--Petitioners

VERSUS

ADDITIONAL COMMISSIONER and others--Respondents

Law:

Section:

(a) Land Acquisition Act (1 of 1894)--   ---S. 4--Constitution of Pakistan (1973), Art.199--Validity of notification for acquisition of land for public purpose--Installation of small wheat grinding and rice husking machine by a person at his premises being a seasonal affair and machines being his private ones same by no stretch of imagination, be termed for public purpose--Notification for acquisition of land for affording passage to such premises being illegal and based on erroneous order was set aside by High Court in exercise of its Constitutional jurisdiction.   Raja Muhammad Amir and 14 others v. Province of the Punjab and 2 others P L D 1983 Lah. 355; Dr. Muhammad Nasim Javed v. Lahore Cantonment Housing Society Ltd. through the Secretary Fortress Stadium Lahore Cantonment and 2 others PLD 1983 Lah. 552; Muhammad Akbar through legal representatives and 7 others v. The Commissioner Rawalpindi Division and 2 others P L D 1976 Lah. 747 and Mullah Ghulam Ali and 3 others v. The Commissioner of Karachi and 3 others P L D 1983 Kar. 602 ref.   (b) Punjab Land Acquisition Rules, 1983--   ---8. 2(iii)--Acquisition of land--Expression `acquiring agency'--Connotation- Acquiring agency means the department, local authority or the company for which land was to be acquired--When land was neither being acquired by a department or a local authority nor by a company but by a private individual, such individual, held, would not fall within the definition of acquiring agency as defined in R.2(iii) of Punjab Acquisition Rules, 1983: - [Words and phrases].   (c) Words and phrases-   ---`Public purpose'--Meaning.   Raja Muhammad Amir and 14 others v. Province of the Punjab and 2 others P L D 1983 Lah. 355; Dr. Muhammad Nasim Javed v. Lahore Cantonment Housing Society Ltd. through the Secretary Fortress Stadium Lahore Cantonment and 2 others PLD 1983 Lah. 552 and Muhammad Akbar through Legal Representatives and 7 others v. The Commissioner, Rawalpindi Division and 2 others P L D 1976 Lah. 747 ref. M. Rahim for Petitioners.   Ch. Muhammad Akhtar Shabbir for Respondents.   Date of hearing: 3rd June, 1989.   JUDGMENT  …
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