| Citation(s) |
|---|
| 1965 SLG 4666 = 1965 SLD 4666 = 1965 PLD 250 |
West Pakistan Lahore
Writ Petition No. 1347 of 1964, decided on 1st December 1964.
Presented By: Muhammad Yaqub Ali and A. R. Sheikh, JJ
Karam Elahi Chguhan for Petitioner. Atta Ullah Sajjad, Addl. A. G. assisted by Aamar Raza for
Respondent No. 1. S. M. Zafar, S. M. Hasan, Ismail Tajani, Aftab Ahmad Khan, Nizam Ahmad, S. H. Zaidi and A. M. Bhojani for
Respondents Nos. 2 and 3.
Writ Petition No. 1347 of 1964, decided on 1st December 1964.
Presented By: Muhammad Yaqub Ali and A. R. Sheikh, JJ
Karam Elahi Chguhan for Petitioner. Atta Ullah Sajjad, Addl. A. G. assisted by Aamar Raza for
Respondent No. 1. S. M. Zafar, S. M. Hasan, Ismail Tajani, Aftab Ahmad Khan, Nizam Ahmad, S. H. Zaidi and A. M. Bhojani for
Respondents Nos. 2 and 3.
Ch. KHUSHI MUHAMMAD----Petitioner
VERSUS
THE COMMISSIONER, MULTAN DIVISION, MULTAN, SUI NORTHERN GAS PIPELINES LIMITED, THROUGH ITS PROJECT DIRECTOR (SURVEY) PIRAN GHAIB, MULTAN, THE LAND ACQUISITION COLLECTOR, MULTAN, AND THE GOVERNMENT OF WEST PAKISTAN THROUGH THE SECRETARY, BOARD OF REVENUE, WEST PAKISTAN, LAHORE----RESPONDENTS
Law: Land Acquisition Act (I of 1894)
Section: 40
Law: Constitution of Pakistan, 1962
Section: 98
(a) Land Acquisition Act (I of 1894), S. 40---Non-issuance of notice to owner of land in course of inquiry under S. 40 has no effect on validity of consent given by Commissioner to acquisition of land---Owner not "person interested"---Natural justice--Right to be heard-Constitution of Pakistan (1962), Art. 98. A comparison of provisions of sections 4, 5, 5-A and 9 with the provisions of section 40 of the Land Acquisition Act, 1894 will show that wherever it Has intended by the Legislature that the person affected will have a right to show cause, a distinct provision to that effect is made. The omission in section 40 of a provision as regards notice to "persons interested" in the land to be acquired for the benefit of a Company is, thus deliberate; the underlying consideration being that the satisfaction of the Commissioner is not in the nature of an adjudication whether land belonging to a person shall be acquired for the benefit of a Company or not but is intended to provide material for determining whether the Government shall act on behalf of a Company in that behalf or not. The non-issuance of the notice to the petitioner in the inquiry under section 40 has, thus, no effect on the validity of the consent given by the Commissioner to the acquisition in question. The rule of natural justice is not of universal application. Manzoor ul Haq v. Controlling Authority P L D 1963 S C 652 ref. Faridsons Ltd. v. Government of Pakistan P L D 1961 S C 537; Province of East Pakistan v. Nur Ahmad P L D 1964 S C 451 and Abul A'la Maudoodi v. Government of West Pakistan P L D 1964 S C 673 at 676 considered. (b) Land Acquisition Act (I of 1894), S. 17(4) read with Ss. 5, 5-A & 39---Land required for "public purpose" (supply of natural gas for industrial purposes)-Company, executing work it connection with laying pipeline for gas, having 1/3rd of its capital subscribed by Government of Pakistan from public revenue-Held: Provisions of S. 17(4) were properly invoked to dispense With application of Ss. 5 & 5-A before execution of agreement by company under S. 39-[Jhandu Lal v. State…