| Case ID |
2011b7e7-73e9-4b0e-8acf-ee3d7df560e3 |
| Body |
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| Case Number |
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| Decision Date |
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| Hearing Date |
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| Decision |
The Lahore High Court held that the Provincial Government alone, under the provisions of Section 48 of the Land Acquisition Act, 1894, could withdraw from acquisition. The court emphasized that the Land Acquisition Rules, 1983, have been framed by the Provincial Government under Section 55 of the Land Acquisition Act, which stipulates that if no steps are taken under Section 5 within one year of the publication of the notification, the acquisition proceedings would automatically come to an end. Therefore, the withdrawal from acquisition as per Rule 7 would be deemed to have been done by the Provincial Government and not by order of its functionary. The court dismissed the appeals on the grounds that the rules are intra vires of the said Act and the Commissioner was not authorized to withdraw the notification, as the withdrawal had already occurred by operation of Rule 7. |
| Summary |
This case revolves around the interpretation of the Land Acquisition Act of 1894 and the accompanying rules that govern land acquisition processes in Punjab, Pakistan. The main issue was whether the Provincial Government could withdraw from the acquisition of land after a stipulated period had lapsed without any further action being taken. The Lahore High Court clarified that the rules established under the Land Acquisition Act allow for an automatic cessation of acquisition proceedings if no steps are taken within a year, reinforcing the authority of the Provincial Government in such matters. The ruling emphasized adherence to the legal framework and the importance of timely action in land acquisition processes, underscoring the role of the Provincial Government in making such determinations. This decision is significant for understanding the procedural aspects of land acquisition and the powers vested in governmental authorities, making it relevant for legal practitioners, landowners, and policymakers alike. Keywords such as 'Land Acquisition Act', 'Provincial Government', 'legal framework', and 'land rights' are pertinent in this context. |
| Court |
Lahore High Court
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| Entities Involved |
Ahbab Cooperative Housing Society Ltd.,
National Police Foundation Cooperative Housing Society Ltd.,
Board of Revenue, Government of Punjab, Lahore,
CANTONMENT BOARD, BAHAWALPUR,
Kh. Zubair Ahmad
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| Judges |
MUNIR A SHAIKH,
AUSAF ALI KHAN
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| Lawyers |
M. Shamsher Iqbal Chughtai,
Mr. M.M. Bhatti,
M. Jaffar Hashmi,
Nemo
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| Petitioners |
,
Syed IQBAL MUSTAFA
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| Respondents |
CANTONMENT EXECUTIVE OFFICER, M.E. SECTION, CANTONMENT BOARD, BAHAWALPUR
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| Citations |
1993 SLD 794,
1993 CLC 1489
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| Other Citations |
1990 ALD 612 (2),
PLD 1984 Lah. 191,
1990 MLD 1941
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| Laws Involved |
Land Acquisition Act (I of 1894),
Land Acquisition Rules 1983
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| Sections |
4,
5,
48,
55,
R.7
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