Law:

Section:

(a) Land Acquisition Act (I of 1894)--S.4---Constitution of Pakistan (1973), Art. 185(3)---Notification under S.4, Land Acquisition Act, 1894 assailed by petitioners as being mala fide---High Court dismissed Constitutional petition of petitioners on that ground--­Validity---Ground taken before Supreme Court was duly considered by High Court who came to conclusion that allegations of mala fides raised by petitioners had remained unsubstantiated on record---Findings of High Court not only on ground which weighed with it were maintained but on additional ground that Supreme Court would not go behind finding of fact recorded by subordinate Court or High Court unless same was found to be against evidence or was patently improbable or perverse---Finding of High Court that Notification under S.4, Land Acquisition Act, 1894 was not mala fide, was maintained in circumstances. Federation of Pakistan v. Saeed Ahmad Khan PLD 1974 SC 151 rel. (b) Land Acquisition Act (I of 1894)--- ----Ss. 6 & 17---Constitution of Pakistan (1973), Art. 185(3)---Issuance of joint Notification under Ss. 6 & 17, Land Acquisition Act, 1894---Validity---Issuance of Notification under Ss.6 & 17 of the Act jointly was not prohibited nor any prejudice to petitioners was shown to have thereby occasioned---Existence of urgency under S.17 of the Act was a matter solely for determination of Government and was generally not subject of review---Allegation of omission to serve notice upon petitioner was neither made in Constitutional petition nor the same was urged in petition for leave to appeal---Assertion qua propriety or legality of issuance of joint Notification under Ss. 6 & 17, Land Acquisition Act, 1894 had also been taken for the first time before Supreme Court-- -Point not raised before High Court could not be agitated before Supreme Court--­Leave to appeal was refused in circumstances. Khawaja Muhammad Farooq, Senior Advocate Supreme Court with Hafiz S.A. Rahman Senior Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 23rd December, 1996. ORDER MUHAMMAD BASHIR KHAN JEHANGIRI, J.---This is a petition for special 1…

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