Law: Land Acquisition Act, 1894

Section: 4,9,18

Law: Land Acquisition Act, 1894

Section: 4,9,18

Law: Constitution of Pakistan, 1973

Section: 212

Land Acquisition Act (I of 1894)-------S. 4---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability---Alternate and efficacious remedy---Factual controversy---Petitioner was tenant over land in question and was aggrieved of construction of ring road over the land---Validity---Authorities had placed photo copies of documents to substantiate that proceedings under Land Acquisition Act, 1894, were carried out by the concerned authorities---Contention of petitioner that prescribed proceedings had not been conducted, was devoid of force---No finding could be recorded about fakery or illegality of proceedings because petitioner had failed to challenge any one of such proceedings---Either the petitioner omitted to assail proceedings in good faith or concealed the same mala fide---Complete mechanism was incorporated in Land Acquisition Act, 1894, for redressal of grievance of persons aggrieved of acquisition proceedings, therefore, no such proceedings could be assailed in Constitutional petition---High Court, in exercise of constitutional jurisdiction, was not supposed to hold any inquiry or carry out rendition of accounts---Petition was dismissed in circumstances. Syed Arshad Ali and others v. Pakistan Telecommunication Co. Ltd. 2008 SCMR 314 and 2002 SCMR 549 ref. Barrister Taj Muhammad Khan Langah and Sardar Abdul Qayyum Khan for Petitioner. Malik Muhammad Tariq Rajwana for Respondents Nos. 1 to 3. Saleem Pervez Patwari, Doaaba Mahar. ORDER SAIF-UR-REHMAN, J.---Contentions of the petitioner as contained in this constitutional petition are that he is a tenant under Jaffar Mehdi on land situated in Mouza Doaaba. The respondents were bent upon dispossessing the petitioner and damaging his standing crops on the pretext of constructing a ring road around Muzaffargarh City without resorting to the procedure prescribed under the Land Acquisition Act. No notification under section 4 of the said Act was issued nor were the notices issued to the petitioner under section 9 of the Act. According to respondents' own assessment cost of rice and sugarcane crops and vegetable existing on the land in possession of the petitioner was Rs.3,88,631. He…

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