Law: Constitution of Pakistan, 1973

Section: 203D

(a) Land Acquisition Act (I of 1894)--Ss.4, 5, 6, 18, 19, 20 & ~31--Constitution of Pakistan (173), Art.203-D- Repugnancy to Injunctions of Islam--Federal Shariat Court's directions to Government to make amendments in specified provisions of Land Acquisition Act, 1894, so as. to bring them in conformity with Injunctions of Islam-­Contention, that without establishing repugnancy of the existing provisions, such directions as were given with regard to the amendment of the Act particularly on the two points taken note of, could not have been given; that mere desirability, betterment or improvement in the law could not have justified the Shariat Court in exercising a jurisdiction which was conditioned and made dependent on ascertainment and identification of repugnancy with Islam--Contentions raised in present appeal directly related to questions arising in Shariat Appeal relating to Capital Development Authority on which Supreme Court's of remand entitled Pakistan v. Public at Large reported as P L D 1986 S C 240, already existed--Question being whether the value of land to be acquired could be fixed by referring to the notification or to the date when what is intended is only survey of the land for determination of its suitability for acquisition and has not much to do with the actual acquisition of land; such aspect of the question has not at all , been taken into consideration--Instead a notification under S.4 which only, expresses an intention or likelihood of acquisition of land coupled with appropriation of certain powers of the survey and entry on the land has been made the basis for determining the value of land--As such question is already before the Federal Shariat Court for a further examination--Supreme Court deemed it appropriate that the present case should also be remanded to Federal Shariat Court for examining the question in the light of the remand order in the case of Capital Development Authority referred to above--Case remanded. Pakistan v. Public at Large P L D 1986 S C 240 ref. M. Nawaz Abbasi, Assistant Advocate-General, Punjab, and Rao M. Yousaf, Advocate-on-Record (absent) for Appellant. Nemo for Respondent. Date of hearing: 13th…

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