Law:

Section:

(a) Land Acquisition Act (I of 1894)-------S. 17---Acquisition of land---Urgency---Provisions of S.17, Land Acquisition Act, 1894---Applicability---Where after applying provisions of S.17 of Land Acquisition Act, 1894, neither possession of the suit ­land was taken by the Authorities, nor boundaries had been prepared or the land was surveyed, no urgency was shown in the proceedings--­Provisions of S.17, Land Acquisition .Act, 1894 were not applicable in circumstances. (b) Land Acquisition Act (I of 1894)--- ----Ss. 4, 6, 17(1) & 48(1)---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Acquisition of land---Initiation of acquisition proceedings after withdrawal of earlier notice---Failure to issue fresh notice qua acquisition proceedings regarding the same land---Disputed land was acquired in year 1994, and possession on papers only was said to have been taken over by the Authorities- --Compensation had not been paid to the owners---Neither any progress had been made at the site, nor any action had been taken towards the preparation of alleged "tongs-donkey cart stand" and "fruit and vegetable market"---Effect---Proper course, after withdrawal of notification for the Authorities was to initiate fresh' proceedings under the Land Acquisition Act, 1894---Where the same had not been done, the order passed by the Authorities without issuing notice and without hearing the parties, was fanciful and mala fide---Order passed by the Authorities was set aside but High Court did not debar the Authorities from initiating the proceedings afresh in accordance with the provisions of law, it the land in question was required by the Authorities in the larger interest of public. PLD 1992 FSC 398, Pakistan through Secretary, Ministry of Defence and others v. Late Ch. Muhammad Ahsan through Legal Heirs and others 1991 SCMR 2180; Iftikhar Hussain Shah and others v. Pakistan through Secretary, Ministry of Defence, Rawalpindi and others 1991 SCMR 2193; Abdul Rouf and others v. Abdul Hamid Khan and others PLD 1965 SC 671; Malik Salahuddin and others v. Collector, Land Acquisition, Peshawar and 3 others 1999 CLC 776 and The State v. Ziaur-Rehman and others. PLD…

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