Law: Land Acquisition Act (I of 1894)

Section: 4, 5, 48 & 55

Law: Punjab Land Acquisition Rules, 1983

Section: R.7

Land Acquisition Act (I of 1894)--------Ss. 4, 5, 48 & 55---Land Acquisition Rules1983, R.7---Land acquisition--�Notification---No further steps taken within stipulated period ---Effect--�Provincial Government alone, under provision of S. 48, Land Acquisition Act, 1894, could withdraw from acquisition---Land Acquisition Rules, 1983, have been framed by Provincial Government in pursuance of power derivable under S. 55, Land Acquisition Act, 1894; R.7 whereof, provides that in case no steps were taken under S. 5, Land Acquisition Act. 1894, within .one year of publication of Notification, acquisition. proceedings would come to an end--�Withdrawal from acquisition by operation of R.7, Land Acquisition Rules, 1983, would be deemed to have been done by the Provincial Government and not by order of its functionary. Ahbab Cooperative Housing Society Ltd. v. Commissioner etc. 1990 ALD 612 (2); National Police Foundation Cooperative Housing Society Ltd., v. Board of Revenue, Government of Punjab, Lahore and 2 others PLD 1984 Lah. 191 and Kh. Zubair Ahmad and others v. Collector and others 1990 MLD 1941 ref.JUDGMENT MUNIR A. SHAIKH, J.-This judgment will also dispose of ICA Nos15/91 and 16/91 as common questions of law and facts have arisen in all of them. 2. Land measuring 2,(146 acres 5 Kanals one Marla situated in Chak No.12/BC and Chak No.10/BC in villages Hoatwalla and Dera ITzat, Tehsil and District Bahawalpur was acquired under the Land Acquisition Act through notification under section 4 of the said Act published in the official Gazette on 11-1-1985 for extension of Cantonment and establishment of Dairy Farm. Admittedly no further proceedings were taken under section 5 of the said Act, within one year from the date of publication of the said notification and the department for whose benefit the same was acquired deposited an amount of Rs. 81,11,883.35 on 30-6-1986 after about one year and five months of the publication of the said notification, 3. The Department for whose benefit the land was acquired approached the Commissioner for publication of notification under section 17(4) of the Act. The Commissioner intimated the Department…