Law: Land Acquisition Act (I of 1894)

Section: 23 , 24 , 199

Land Acquisition Act (I of 1894)--- ----S. 23---Constitution of Pakistan (1973), Arts. 24 & 199---Compensation   for   acquired   land  Collector's award---References against award of compensation were filed by both land-owners as also by Corporation for whose benefit land in question had been acquired  Corporation's reference for reduction of amount of Award was dismissed while land-owners' reference for enhancement of amount of compensation was still pending---Land-owners claimed deposit of amount awarded by Collector in Collector's Office by recipient of land (Corporation) and for distribution of same among shareholders under protest---Collector's power to direct Corporation for whose benefit land. in question, had been acquired to deposit Award amount in his-office for distribution among owners of land---Mere pendency of reference at the instance of land-owners before Acquisition Court was no bar for claiming that amount which was determined by Collector after due enquiry  Award given by Collector was merely a tender as to what sum Government through its agent viz. Collector was, willing to pay to claimants---Government and claimants were not bound to accept the same but tender of amount of Award was binding on the Corporation for whose benefit land was acquired---Financial crisis faced by recipient Corporation was hardly a cogent reason for non-deposit of Award amount---Once land-owners were deprived of their property   although in accordance with law yet they were legally entitled to be paid compensation---Constitution regards right to property as a Fundamental Right and no body can be deprived of it without compensation-- Land Acquisition Act, 1894, itself recognizes principle of compensation and prescribes mode for determining of price of land acquired under the Act-- Corporation (recipient of land) was thus, under legal obligation to pay for the value fixed by Collector---Corporation was directed to deposit balance amount within two months of the Order in Collector's Office for its payment to claimants. Afzal Ahmed for Petitioners. Ahmed Ali Memon for Respondent No. 1. Abdul…