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AKHTAR ULLAH KHAN KHATTAK vs COLLECTOR LAND ACQUISITION, NOWSHERA Ss — 2022 PLD 105 PESHAWAR-HIGH-COURT

Case information

Citation
2022 PLD 105 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
PLD
Parties
AKHTAR ULLAH KHAN KHATTAK vs COLLECTOR LAND ACQUISITION, NOWSHERA Ss
Subject matter
Civil
Provisions referred to
S. 4; S. 5-; S. 6; S. 9

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

AKHTAR ULLAH KHAN KHATTAK VS COLLECTOR LAND ACQUISITION, NOWSHERA Ss. 48, 4, 5-a, 6 & 9---Completion of acquisition not compulsory, but compensation to be awarded where not completed---Scope---Section 48 empowers the Government to unilaterally withdraw from the acquisition of any land, but this power is not absolute rather subject to the condition that such powers can only be exercised when possession of the land has not been taken by the Government or acquiring department of the Government---Scheme of the Land acquisition act, 1894, provides a complete and exhaustive mechanism for compulsory acquisition of any land required for public purpose---Land acquisition act, 1894 has acknowledged certain rights of the land owners, like, after issuance of the notification under S. 4 of the act the owners have the right to file objection under S. 5-a of the act, merit of which and need for exclusion of the land from acquisition, are considered by the Land acquisition Collector and then declaration under S. 6 of the act is notified---again, notice under S. 9 of the act, is to be given to all the owners or persons interested, showing intention of the Government about taking possession of the land---Land acquisition Collector having applied its mind to all facets of the acquisition, finally makes an award---In the above scheme of the act, the owners are neither vested with any right to refuse or damage the required property nor at any stage can demand for return or de-notification of the land in their favour. Head Notes

Other judgments reported in 2022 PLD

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