Law:

Section:

(a) Land Acquisition Act, (I of 1894)-------Ss. 4, 6, 11, 16, 17 & 48---Acquisition of land---Withdrawal of notification---Scope---Notifications under Ss. 4 & 17, Land Acquisition Act, 1894 were issued---Acquiring Department took over the possession of land and constructed road over the same and opened it for public use---Notifications were withdrawn thereafter---Validity---Acquiring Department had taken over physical possession of the land in 1994, and had also deposited its compensation in 1996 and upon publishing notification in 1997 under S.17(4) of the Act, Government had technically acquired legal possession of land, which came to vest in it absolutely free from all burdens and encumbrances by virtue of S.17(1)--­Government's power and discretion to withdraw from acquisition of land came to an end also by virtue of S.48 of the Act, except making and filing of award qua compensation to the landowners under S.11 of the Act---Government had no authority, power or jurisdiction to recede from acquisition and withdraw such notifications for any reason whatsoever--­Road having been completed receding from acquisition could not be said to be for the benefit of Government---Impugned order was mala fide and being violative of S.48 of the Act was patently without jurisdiction and lawful authority. Attorney-General v. De Keyser's Royal Hotel Ltd. 1920 AC 508; M.S. Sheshagiri Rao and another v. The Special Land Acquisition and Rehabilitation Officer AIR 1965 Mys. 222; National Police Foundation Cooperative Housing Society Ltd, v. Board of Revenue, Government of Punjab, Lahore and 2 others PLD 1984 Lah. 191; Janana­ D-Maloocho Textile Mills v. Commissioner, Peshawar Division NLR 1986 SCJ 42; Sadiq Hussain Qureshi and others v. Ahbab Cooperative Housing Society Ltd., Lahore and others NLR 1979 Revenue SC 210 and Ahbab Cooperative Housing Society Ltd., Lahore etc. v. Commissioner, Lahore Division, Lahore and 61 others PLD 1978. Lah. 273 ref. (b) Land Acquisition Act (I of 1894)--- ----Ss. 4, 11, 12 & 17---L w Reforms Ordinance (XII of 1972), S.3--­Constitutional petition---Acquisition of land---Non-payment of compensation---Notifications under Ss. 4 & 17…

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