| Citation(s) |
| 1997 SLG 469 1997 SLD 469 = 1997 PLD 499 |
Lahore High Court
Writ Petition No. 2694 of 1990, decided on 2nd February,1997. dates of hearing: 13th, 14th, 18th and 19th November,1996.
SH. IJAZ NISAR, C.J., KHALID PAUL KHAWAJA AND MUHAMMAD ASIF, JAN, JJ
Syed Zain-ul-Abiden, Syed Jamshad Ali Shah, Manzoor Hussain Basra, Sh. Khalil-ur-Rahman and ,Bashir A. Mujahad for Petitioners. Zafar Pasha Chaudhary, D.A.G. with M. Naseem Kashmiri, Addl. A.G., Ch. Muhammad Bashir, A.A.G. and M. Maqbool Sadiq for Respond
ALLAH DITTA and others vsPROVINCE OF PUNJAB
Law: Land Acquisition Act, 1894
Section: 3(f),4 & 5
Law: Constitution of Pakistan, 1973
Section: 24
Law: Punjab Land Acquisition Rules, 1983
Section: 7 & 8
(a) Land Acquisition Act (I of 1894)-------S. 3(f)---"Public purpose"---Definition---"Public purpose" which has not been defined in its generic sense in S.3(f), Land Acquisition Act, 1894 is an expression which is a relative term and will depend and vary from one particular set of facts and circumstances to another such set---"Public purpose" is an object in which the general interest of the community as opposed to the particular interest of individuals is directly and vitally concerned--- "Public purpose", however, will have to be a purpose which is in furtherance of the general interest of the community at large as opposed to the particular interest of an individual but at the same time "public purpose" does not cease , to be so simply because incidental benefits will ensure to private individual.--[Words and phrases].Dr. M. Nasim Javed v. Lahore Cantt. Cooperative Housing Society Ltd. PLD 1983 Lah. 552; Nichol's Eminent Domain, Vol. 2, 5.7.222 and Muhammad Akbar v. Commissioner, Rawalpindi PLD 1976 Lah. 747 ref.(b) Constitution of Pakistan (1973)-------Art. 24---Land Acquisition Act (I of 1894), Preamble---Protection of property rights---Land acquisition---No property can be acquired compulsorily or taken possession of save for a public purpose.(c) Land Acquisition Act (I of 1894)-------Preamble, Ss.4 & 5---Object of the Act---Acquisition of land---Public purpose---Notifications of intent of acquisition and its confirmation by Provincial Government---Procedure---Whenever a deviation is to be ma, from the normal procedure for acquiring land through private negotiations and sale through the methodology of acquisition it must necessarily be for "public purpose" ---Provincial Government, on being satisfied that land in any locality is either needed or is likely to be needed for any public purpose, is empowered to publish a notification to that effect in the official Gazette in order to put those who are affected or likely to be affected on due notice---Such declaration of intent is to be confirmed by way of a second notification under S.5 of the Act "at any time"---Phrase "at any time"---Meaning.--[Words and phrases]. The raison d'etre, i.e., the reason forβ¦
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