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AKHTAR ULLAH KHAN KHATTAK vs COLLECTOR LAND ACQUISITION, NOWSHERA S — 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 S
Subject matter
Criminal
Provisions referred to
S. 48---N

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 S. 48---North-West Frontier Province Revenue Circular No. 54, Para. 66---Completion of acquisition not compulsory, but compensation to be awarded where not completed---Scope---Para-66(1)(2)(3) of North-West Frontier Province Revenue Circular No.54, provides a proper mechanism regarding return of agricultural or pastoral land permanently acquired for public purposes by the Government when the same is no longer required for such purpose, however, it does not speak about de-notification of the acquired land---How such land is to be disposed off in different situations, has been categorically mentioned in sub-para 3 of Para 66, of the Circular according to which, firstly, such land is to be offered to the original owners or their heirs then to the owners or occupiers of the adjoining land; and finally to others, that too, in a situation when the compensation has already been paid to the land owners in lieu of acquisition---Before invoking the provisions of Para 66, the Acquiring Department after payment of compensation to the land owners from whom the property had been compulsorily acquired shall become the owner of the land and in case the acquired land is no longer required, the Acquiring Department can invoke the provision of Para 66, but after payment of compensation amount determined by the court as provided in Paras 26 & 27 of the Circular. Head Notes

Other judgments reported in 2022 PLD

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