| Citation(s) |
|---|
| 1965 SLG 4706 = 1965 SLD 4706 = 1965 PLD 327 |
West Pakistan Lahore
Regular First Appeal No. 76 of 1960, decided on 16th December 1964.
Presented By: Anwarul Haq and A. R. Sheikh, JJ
M. Salim Ullah and others v. The Province of West Pakistan P L D 1960 Lah. 450 distinguished. Sh. Ata Ullah Sajjad, Add.- A.-G. and Syed Nasir-ud-Din A.-G. for Appellant. Sahibzada Nasir Ali and Sh. Muhammad Akbar for
Respondents.
Regular First Appeal No. 76 of 1960, decided on 16th December 1964.
Presented By: Anwarul Haq and A. R. Sheikh, JJ
M. Salim Ullah and others v. The Province of West Pakistan P L D 1960 Lah. 450 distinguished. Sh. Ata Ullah Sajjad, Add.- A.-G. and Syed Nasir-ud-Din A.-G. for Appellant. Sahibzada Nasir Ali and Sh. Muhammad Akbar for
Respondents.
LAND ACQUISITION COLLECTOR-Appellant
VERSUS
ABDUL AZIZ AND OTHERS-Respondents
Law: Land Acquisition Act (I of 1894)
Section: 23(2)
(a) Land Acquisition Act (1 of 1894)-------- ----S. 23 (2)-Compulsory acquisition-Owner of land found entitled to 15 per cent extra on market value of land-Duty of Collector as well as Court to award such extra sum irrespective of whether specific claim in this behalf was or was not made by owner. Hafiz Anwar Ali and others -v. Ram Sarup and others 1914 P L R 180; Secretary of State v. C. R. Subramania Ayyar A IR 1930 Mad. 576 and Pramatha Nath Mullick Bahadur v. Secretary of State A I R 1930 P C 64 considered. Muhammad Sajjad Ali Khan and others v. Secretary of State A I R 1933 All. 742 and Muhammad Ismail and others v. Secretary of State A I R 1936 Lah. 599 ref, (b) Land Acquisition Act (I of 1894)------ -----S. 23(2) read with Punjab Town Improvement Act (IV of 1922), S. 66 and Sch., para. 10 (2)-Combined effect-Acquisition of land under Punjab Town Improvement Act for purpose of setting up Satellite Town-Provision of S. 23 (2), Land Acquisition Act, 1894 not applicable. (c) Land Acquisition Act (I of 1894) and Punjab Town Improvement Act (IV of 1922)------- -----Question of constitutionality of statute dealing with acquisition of property-To be determined by reference to requirements laid down in Constitution and not to provisions of another parallel statute-Government of India Act, 1935, S. 299-Constitution of Pakistan (1962), Art of Fundamental Right No. 14. (d) Government of India Act, 1935----- -----Word "compensation" Meaning and concept-Constitution of Pakistan (1961), Art. 6, Fundamental Right No. 14-Punjab Town Improvement Act (IV of 1912), S. 23. Sanjiva Row's "Law of Land Acquisition and Compensation", 1958 Edn., p. 490 ; Halsbury's "Laws of England", 3rd Edn., Vol. 10, paras. 281 and 284; Horn v. Sunderland Corporation (1941) 2 K B 26 C. A. and Jibendra Kishore's case P L D 1957 S C (Pak.) 9 ref. (e) Punjab Town Improvement Act (IV of 1922)------- -----Sch., para. 10 (2) - Provision not ultra vines of S. 299, Government of India Act, 1935 - Constitution of Pakistan (1962), Art. 6, Fundamental Right No. 14. Dates of…