Law:

Section:

Martial Law Order (112 of 1962) [M. L. A.'s Zone B] -- Para. 5(a) read with West Pakistan Bas Stands and Traffic Control (Lahore) Ordinance (XIX of 1953), Ss. 6(a) & 12-Acquisition of land owner not heard when award passed and confirmed--Owner's application for reference to civil Court also refused-Award and refusal of reference to civil Court, held, without lawful authority and quashed-Proceedings neither validated under S. 12 nor owner liable to be condemned unheard due to lack of provision in statute for right of hearing-Such right to be read into every statute. The grievance of the petitioner was that the acquisition was not made in accordance with the principles of Land Acquisition Act, and he was not heard even when the award was passed and confirmed by the Commissioner, as is borne out from the award itself. The petitioner's application for reference under section 18 to the civil Court was also refused by the Commissioner. Counsel for the respondent submitted that even if there is any violation of the principles of the Land Acquisition Act in the award or the acquisition it has been validated by section 12 of the Ordinance mentioned above. Held : The submission has no force, for, it is now well-settled law that even if the Statute does not provide the right of hearing, it has to be read into it and no body can be condemned unheard The award in the case of the present petitioner and refusal of reference to the civil Court by the Commissioner are acts without lawful authority. Date of hearing : 29th November 1974.                                                                                                                 JUDGMENT The petitioner is aggrieved of an award made in his absence for acquisition of his land measuring 14 kanals 17 marlas and 62 Sq. ft. situate in village Beta Basti Ram, Tehsil Lahore. The acquisition was made under Martial Law Order No.…