Law: Land Acquisition Act, 1894

Section: 48

Law: Constitution of Pakistan, 1973

Section: 199

(a) Land Acquisition Act (I of 1894 )-------S. 48---Constitution of Pakistan (1973), Art. 199---Constitutional petition--- Withdrawal from acquisition of land---Disputed question of fact--­Amenability to Constitutional jurisdiction---Notification for acquisition qua land owned by the petitioner was issued by the Authorities but the same was withdrawn under S.48 of Land Acquisition Act, 1894---Contention of the petitioners was that the notification could not be withdrawn as the possession of land was taken over by the Authorities which plea was denied by respondents---Maintainability of Constitutional petition---Where delivery of possession was denied by the Authorities, such question would be a disputed question of fact---High Court had no jurisdiction to decide the disputed question of fact in exercise of Constitutional jurisdiction---Provincial Government under the provisions of S.48 of Land Acquisition Act, 1894 had unlimited power to withdraw from the acquisition provided the power was exercised in cases to which S.36 of Land Acquisition Act, 1894 did not refer and possession of the land proposed to be acquired had not taken place---Constitutional petition was not maintainable in circumstances. Muhammad Yunus's case 1993 SCMR 618 and Fortpress Company Ltd. v. Municipal Corporation of the City of Bombay 21 Born. LR 1014 ref. Government of Sindh v. Ramzan and others 2000 CLC 99; Ali Akbar v. The Land Acquisition Collector 1999 CLC 29; Land Acquisition Collector v. Sardai Muhammad Safdar Khan 1998 SCMR 2142; Ahbab Cooperative Housing Society v. Commissioner, Lahore Division PLD 1978 Lah. 273 and National Police Foundation Cooperative Housing Society Ltd. v. Board of Revenue, Government of Punjab, Lahore PLD 1984 Lah. 191 distinguished. (b) Malice--- ---- Allegation of---General allegation of malice is not sustainable in the eyes of law. Saeed Ahmad' Khan's case PLD 1974 SC 151 and Amaan Ullah Khan's case PLD 1990 SC 1092 ref. (c) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---If petitioners do not approach High Court with clean hands, discretion in favour of such petitioners is not exercised Nawabzada Ronaq Ali's case PLD 1973 SC…

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