Law:

Section:

Land Acquisition Act (I of 1894)-------Ss. 4, 6 & 7---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Acquisition of land---Compensation' for acquired land, settled by means of private negotiations---Petitioner received compensation and executed sale-deed in favour of acquiring department---Validity---Petitioner claimed that while assessing price of acquired land negotiating committee contravened S.O. 28, relating to Land Acquisition and that price of acquired land was determined unilaterally by the Authorities---High Court declined to exercise its Constitutional jurisdiction for the reason that after pronouncement of price of land all the owners of land including petitioner did receive price fixed by the negotiating committee and had executed sale-deed in favour of acquiring department---Petitioner claimed that as he received compensation under protest, therefore, he was entitled to file Constitutional petition; while opposite side claimed that petitioner received price without any protest---Conflicting claims of parties raised question of fact which could not be resolved without taking evidence---Questions of fact could not ordinarily be resolved in Constitutional jurisdiction---Constitutional petition was dismissed in circumstances. ORDER This petition has been filed under Article 199 of the Constitution of Pakistan (1973) by one Amanullah Baig in order to. seek following reliefs:-- (1) Declaration be kindly granted to the effect that the orders and actions of the respondents for taking possession prior to proceedings of acquisition as. well as construction of 4-L/DB-2 Tarukari Drain are without jurisdiction, without legal effect and have been passed without lawful authority. (2) Declaration be kindly, granted to the effect that the proceedings of private negotiations are invalid, not operative and ineffective on the rights of the petitioner and all proceedings, actions and orders made in pursuance to be quashed. (3) Declaration be kindly granted to the effect that the fixation of price/compensation on own accord is against the Standing Orders (Land Acquisition No.28). (4) Direction be kindly issued to the respondents to vacate the…

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