Law: Land Acquisition Act, 1894

Section: 5A,17,54

Law: Law Reforms Ordinance, 1972

Section: 3

Land Acquisition Act (I of 1894)--- ----Ss. 5-A, 17 & 54---Law Reforms Ordinance (XII of 1972), S.3---Intra-Court Appeal---Maintainability---Compulsory acquisition--Legal formalities, dispensing with---Appellant was aggrieved of acquisition of piece of land owned by her---High Court in exercise of Constitutional jurisdiction, upheld the acquisition proceedings---Validity---Acquisition in question was for public purpose to widen road on account of traffic congestion in the area---Emergent powers by virtue of S.17 of Land Acquisition Act, 1894 on account of urgent nature of work of widening and remodeling the road were invoked, dispensing with other formalities---Appellant was not being subjected to discrimination, as owners of adjoining property had already received compensation for their acquired strip of land---Appellant failed to point out any example of pick and choose by the authorities---Intra-Court appeal was filed under S.3 of Law Reforms Ordinance, 1972, proviso to which had barred availability of such right in case the original enactment out of which proceedings challenged in Constitutional petition emanated, envisaged any appeal/revision or review---Appeal was provided under S.54 of Land Acquisition Act, 1894, against award by Land Acquisition Collector, therefore, passed by High Court was not open to challenge before Division Bench of High Court---Intra Court appeal was dismissed in circumstances. Karim Bibi and others v. Hussain Bakhsh and others PLD 1984 SC 344 ref. Nawaz-ul-Haq Chohan v. The State and others 2003 SCMR 1597 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD MUZAMMAL KHAN, J.--- This Intra-Court Appeal is directed against the judgment, dated 11-9-2006 in Writ Petition No.870 of 2006 whereby appellant's constitutional petition was dismissed. 2. Appellant being co-owner in possession of Properties Nos. 32/1 and 33, Civil Lines, Rawalpindi, assailed action of acquisition by the respondents regarding 19 feet wide strip, out of open space of her properties, by filing a writ petition wherein she challenged the acquisition proceedings, inter alia, on the grounds that her property is located about 200 meters away towards Kutchery Chowk; that she…

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