ZIA ULLAH vs GOVERNMENT OF KHYBER PAKHTUNKHWA S — 2022 MLD 1705 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 MLD 1705 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: MLD
Parties: ZIA ULLAH vs GOVERNMENT OF KHYBER PAKHTUNKHWA S
Subject matter: Constitutional
Provisions referred to: S. 18---

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ZIA ULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA S.18---acquisition of land---Compensation---Reference, forwarding of---Delegation of powers---Petitioners were land owners and their grievance was that additional Deputy Commissioner could not have decided the matter on behalf of Deputy Commissioner with regard to forwarding of References to Referee Court for enhancement of compensation---Validity---authority or public functionary could delegate its function to any other person / officer if statue under which it was performing function, provided for delegation of such power--- In absence of such statutory delegation, authority / public functionary, was not competent to delegate its functions / powers--- Reference under Land acquisition act, 1894 filed by land owners / objectors was to be dealt with by Collector itself or by an officer who was appointed by Board of Revenue or Commissioner to act as Collector of a district---Collector under no circumstances could entrust a Reference to any other person / officer to deal with it as his delegatee---Collector was not legally authorized to delegate his functions to additional Deputy Commissioner, to deal with Reference of petitioners as under Land acquisition act 1894, he was not bestowed upon with such power of delegation of his functions to any other person or officer---High Court declared all proceedings conducted and orders passed by additional Deputy Commissioner, as illegal, unlawful and ineffective upon rights of petitioners---High Court remanded the matter to Collector for decision afresh after hearing the petitioners---Constitutional petition was allowed accordingly. Head NotesCase Description

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