Law:

Section:

(a) Land Acquisition Act (I of 1894)-- ---- S.4 --- Punjab Acquisition of Land (Housing) Act (VIII of 1973), Ss.3 & 4--­ "Eminent domain", principle of --- Applicability --- Principle of "Eminent domain" was not applicable in Pakistan in the context of legal position obtaining in Pakistan, where acquisition laws have been codified---Question as to whether under principle of "Eminent domain" power could be exercised by statutory body when same land had earlier been acquired by Government for the use of another person (appellant), was of no consequence --- Acquisition was made under Punjab Acquisition of Land (Housing) Act, 1973, and there was nothing in it which takes away power of Competent Authority to acquire the land which had once been acquired for a different public purpose. Petition accepted (b) Punjab Acquisition of Land (Housing) Act (VHI of 1973)-- ---- Ss. 4, 5, 6 & 7 --- Law Reforms Ordinance (XII of 1972), S.3 --- Intra-Court Appeal --- Acquisition of land --- In addition to public notice, special notice of 10 days was to be served to person interested in land proposed to be acquired--­Effect of non-service of notice --- Service of notice in terms of S.6, Punjab Acquisition of Land (Housing) Act, 1973 was essential not only for purpose of assessment of compensation but with a view to provide affected persons opportunity to raise objections to acquisition --- Opportunity to file objections was all the more essential on account of appellant's contention that land in question (which had earlier been acquired for him for setting up film studio) formed integral part of Film Studio and, thus, could not be acquired while according to Authority such land was in excess of requirement of appellant--­Omission to serve notice would render proceedings of acquisition to be invalid, moreso, in a case relating to compulsory acquisition of property --- Acquisition o land in absence of notice to appellant was, thus, bad in law and stands vitiated--­Acquisition proceedings as also of High Court whereby it had dismissed petitioner's Constitutional petition against acquisition, was set aside i circumstances. Col. Bashir Hussain and others v. Land Acquisition…

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