Law: Land Acquisition Act, 1894

Section: 4,17(4)(6),12A

Law: Land Acquisition Act, 1894

Section: 4,17(4)(6),12A

Land Acquisition Act (I of 1894)-------Ss. 4, 12-A & 17(4)(6)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Acquisition of land- -Award of compensation by Collector---Collector had announced his award---Authorities had shown reluctance to pay compensation to the petitioners/landowners---Antedated corrigendum under S.12-A of Land Acquisition Act, 1894 was issued declaring the petitioners' land as area falling under road instead of' area under acquisition, keeping aside that the authorities had already withdrawn land for the road---Antedated corrigendum was issued against the petitioners' land in a discriminatory manner because the other owners' land was not withdrawn for the purpose of area under road---After announcement of award the Land Acquisition Collector had become functus officio---Petition was allowed and impugned corrigendum was declared illegal, without lawful authority and was set aside. Assistant Commissioner, Mianwali v. Muhammad Amir 1987 CLC 2095 and Nasreen Zahira v. Government of Punjab2000 YLR 419 ref. Muhammad Shahid Iqbal Qureshi for Petitioners. Akhtar Ali Kureshi, A.A.-G. for Respondent No.1. Date of hearing: 10th April, 2009. JUDGEMENT HAFIZ TARIQ NASIM, J.--- Facts leading to this writ petition are that the petitioners' land was acquired by the respondents for the purpose of construction of Ring Road Project, firstly the respondent issued a Notification under section 4 of the Land Acquisition Act, 1894, wherein Khasra No.903 with complete description of land of the petitioners was mentioned. Another Notification under section 17(4)(6) of the Land Acquisition Act, 1894 was issued with full description of the land along with number Khasra as 903. Thereafter, Award No.12 of 2007 was announced and that too on the basis of above referred Notifications. 2. Learned counsel for the petitioners submits that the petitioners got issued fresh Fard for receiving the compensation from Halqa Patwari in respect of the acquired land, approached the respondents, submitted all the documents required for the said purpose, even indemnity bonds were submitted as per direction of the respondents for the payment, but the…

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