Law:

Section:

Land Acquisition Act (I of 1894)-------Ss. 4, 9, 17 & 18---Punjab Land Acquisition Rules, 1983, Rr.3 & 5---Constitution of Pakistan (1973), Art.199---Constitutional petition---Acquisition of land---Notification for---Notification issued by Authority for acquisition of land in question owned by petitioners for public purpose, was challenged by petitioners alleging that acquisition in question did not involve any public purpose; that funds for payment of compensation to land owners or for intended construction of hospital, were not available and that malice .was apparent from the fact that Authority undertook acquisition proceedings at the back of the owners---Petitioners had raised numerous multiple objections to the proceedings allegedly taken for acquisition of their private property and also attacked the award delivered by Land Acquisition Collector---Objections of petitioners had no force---Land in question was needed by authorities to construct/establish District Headquarter Hospital, which was need of every body and for that purpose, emergent powers should have been instantly invoked---City in question was declared District in July 1993 and same was being run for the last 14 years without any independent District Headquarter Hospital---No room existed to assume that acquisition in question was in any manner tainted with any ulterior motive or malice---Acquisition of land for construction of hospital was need of area and had been made in the best interest of the public---Land Acquisition Collector had already announced the Award and if petitioners were not satisfied with the compensation fixed therein, they could have resorted to filing of Reference under S.18 of Land Acquisition Act, 1894 and in presence of said adequate remedy, award could not be challenged before the High Court under its constitutional jurisdiction---No case for interference of the High Court having been made out, constitutional petitions being devoid of any merit, were dismissed. Muhammad Mushtaq Ahmad Khan and 2 others v. The Assistant Commissioner, Sialkot and 3 others PLD 1983 Lah. 178 ref. Syed Zafar Ali for Petitioners. Ch. Muhammad Sadiq, Addl. A.-G. Punjab with Khalil…

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