| Case ID |
f804507a-5cce-4e4e-8ad2-457ee0123f51 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 5402 of 1981 |
| Decision Date |
Dec 22, 1982 |
| Hearing Date |
Nov 23, 1982 |
| Decision |
The Lahore High Court dismissed the writ petition filed by Muhammad Mushtaq Ahmad Khan and others against the Assistant Commissioner of Sialkot regarding land acquisition for the construction of a grid station by WAPDA. The court concluded that the notification issued under Section 17(4) of the Land Acquisition Act was valid, as WAPDA was recognized as a company under the Land Acquisition Act, despite not being registered under the Companies Act of 1913. The court also ruled that the Commissioner’s opinion regarding urgency in land acquisition was not subject to judicial review, emphasizing that the decision was an executive act. The petitioners were advised to address their grievances to the Collector, as the court found no merit in their claims regarding inaccuracies in land description and the lapse of time affecting the notification's validity. |
| Summary |
This case revolves around the legal complexities of land acquisition for public purposes, particularly focusing on the status of WAPDA as a company under the Land Acquisition Act. The Lahore High Court examined the procedural validity of the notification issued for acquiring land for a grid station and addressed various provisions under the Companies Act and the Land Acquisition Act. The ruling clarified that WAPDA, while not registered under the Companies Act, is still regarded as a company for the purposes of land acquisition due to its incorporation under the WAPDA Act. This case highlights the intersection of administrative law and land rights, and the court's reaffirmation of the Commissioner's authority in determining urgency in land matters is significant for future cases involving public utility projects. Keywords include land acquisition, public purpose, WAPDA, legal authority, judicial review, and administrative law. |
| Court |
Lahore High Court
|
| Entities Involved |
WAPDA,
Water and Power Development Authority
|
| Judges |
Ghazanfar Ali Gondal
|
| Lawyers |
Ch. Mushtaq Ahmad Khan,
Sajjad Hussain
|
| Petitioners |
,
MUHAMMAD MUSHTAQ AHMAD KHAN
|
| Respondents |
,
THE ASSISTANT COMMISSIONER, SIALKOT
|
| Citations |
1983 SLD 459,
1983 PLD 178
|
| Other Citations |
1979 C L C 180,
P L D 1973 Lab. 739,
P L D 1965 Lah. 250,
P L D 1973 Lah. 617,
P L D 1965 Dacca 36,
P L D 1971 Kar. 514
|
| Laws Involved |
Companies Act, (VII of 1913),
West Pakistan Water and Power Development Authority Act (XXXI of 1958),
Land Acquisition Act (I of 1894)
|
| Sections |
262,
3,
4,
3(e),
39,
17(4)
|