ZAFAR IQBAL vs ASSISTANT COMMISSIONER CHUNNIAN, DISTRICT KASUR Ss — 2022 CLC 1805 LAHORE-HIGH-COURT-LAHORE

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ZAFAR IQBAL VS ASSISTANT COMMISSIONER CHUNNIAN, DISTRICT KASUR Ss.9, 11 & 12---Constitution of Pakistan, Arts. 10A, 23 & 24---Fresh demarcation of property and payment of liquidated damages/compensation---Petitioner's land was situated in the notified area for construction of Highway as per its plan approved and notification issued---Notification under S.6 of Land Acquisition Act, 1894, was issued---Award for acquisition of total land measuring 99 Kanals and 11 Marlas was announced, including 14 Marlas of the petitioner---Petitioner's claim was that his land measuring 4 Marls was acquired and he was still owner of remaining 10 Marlas land---Authorities had demolished the building constructed over the said 14 Marlas land---Petitioner contended that there was an inordinate delay between issuance of notification under Ss.4 & 6 of the Land Acquisition Act, 1894; that no justifications had been provided for invoking emergency provisions and dispensing with the requirement of issuing notification under S.5 of the Act; that mandatory provisions of the Act had been violated; that his total land had illegally been transferred; that he was totally unaware about the land acquisition proceedings as he never received any notice in that regard; that he was regularly paying the property tax; and that authorities illegally demolished his building without any prior written notice---Held, that there was a gap of almost 4 years and 6 months between issuance of Notifications under Ss. 4 and 6 of the Land Acquisition Act, 1894; and about 9 years between issuance of notification under S.6 and announcement of award; and more than 14 years between issuance of Notification under S.4 and announcement of award---Such delay demonstrated lethargic inactive performance of statutory duties on part of authorities---Authorities were required to complete the process of acquisition within a reasonable time as the land owners could not be put in agony of uncertainty---During the period of more than 14 years, price of land had escalated and was liable to be added into potential value of land previously determined by the Land Acquisition Collector---Notice in terms of S.9 of the Act was not issued to the petitioner---Enquiry in the objections in terms of S.11 was also not conducted---Notice in terms of S.12(2) was also not served upon petitioner---Entire acquisition proceedings were kept secret till the time of demolition and possession---No notice was issued before starting demolition proceedings and taking over possession---Constitutional petition was allowed accordingly.

ZAFAR IQBAL vs ASSISTANT COMMISSIONER CHUNNIAN, DISTRICT KASUR Ss — 2022 CLC 1805 LAHORE-HIGH-COURT-LAHORE

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