Law:

Section:

Land Acquisition Act (I of 1894)--S. 4---Constitution of Pakistan (1973), Art. 185(3)---Acquisition of land---Land was acquired by society in year 1971---Matter was decided in favour of the petitioner up, to Supreme Court in earlier round of litigation--­High Court in second round of litigation decided the matter against the petitioner and declared the acquisition proceedings as ultra vires, illegal, without jurisdiction and mala fide---Leave to appeal was granted by Supreme Court to examine validity of the acquisition proceedings. K. M. A. Samdani, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 17th November, 1999. ORDER SH. RIAZ AHMED, J.---The petitioner Ahbab Cooperative Housing Society Ltd. registered under the Cooperative Societies Act, 1925, seeks leave to appeal against the judgment and order dated 23-9-1999 whereby the acquisition proceedings in respect of land acquired by the petitioner and all notifications issued in this behalf were declared ultra vires, illegal, without jurisdiction and mala fide. 2. The facts in brief giving rise to the institution of this petition are that on 12-9-1970 the petitioner society applied to' the Collector, Lahore for acquisition of land in Hanjerwal and Niaz Baig villages, Tehsil Lahore for the establishment of boys and girls college in collaboration with the Qur'anic Education Society and a small township appurtenant and subservient to these institutions. On 16-2-1971, in notification under section 4 of the Land Acquisition Act, 1894 (hereinafter called the Act) was issued in respect of land measuring 213 Kanals, 17 Marlas for public purpose and through a corrigendum notification dated 4-8-1971 the area was reduced to 209 Kanals, 7 Marlas. On 12-11-1971 through another corrigendum notification the purpose of the acquisition was shown to be 'company purpose' as against 'public purpose'. On 25-1-1972 a notification under section 5 of the Act was issued inviting objections to the acquisition. The contesting respondents 1--9 did not raise any objection to the issuance of the aforesaid notification. In the meanwhile, Martial Law Regulation 118 was issued on 1-4-1972 under which it was no…

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