PROVINCE OF PUNJAB through Secretary Housing and Physical Planning Department, Government of the Punjab, Lahor

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PROVINCE OF PUNJAB through Secretary Housing and Physical Planning Department, Government of the Punjab, Lahore VS Syed ZIA UL HASSAN ZAIDI S. 4(1)---acquisition proceedings---Publication of notification in Official Gazette---Mandatory requirement---Section 4(1) of the Punjab acquisition of Land (Housing) act, 1973 uses the word "shall" making it obligatory upon the authorities to publish any and all notifications in respect of acquisition under section 4(1) of the said act---Requirement of publication of a notification under section 4 is an essential requirement in acquisition proceedings because it is likely that the rights and interests of landowners will be adversely affected. Head NotesCase Description Citation Name: 2022 SCMR 830 SUPREME-COURTBookmark this Case PROVINCE OF PUNJAB through Secretary Housing and Physical Planning Department, Government of the Punjab, Lahore VS Syed ZIA UL HASSAN ZAIDI Ss. 4(1) & 6---acquisition proceedings---Publication of notification in Official Gazette---Purpose and scope---Notification issued by the Government essentially reveals its intention---One of the purposes of publishing a notification is so that those who may be affected by it can know the intention of the Government as mentioned in the notification itself---Essentially, a notification is a means used by the Government to communicate with the general public regarding inter alia, any projects etc. that it might prospectively undertake---Intent behind the notification or, the purpose for issuing the same must be mentioned because the rights of different stakeholders are involved, which was one of the reasons that there are various safeguards provided in the Punjab acquisition of Land (Housing) act, 1973 such as section 6 which by using the word "shall", requires the publication of a notice to make the intention of the Government to possess a certain piece of land clear---acquisition of the land does not ipso facto mean that the Government Department can use the acquired land for any purpose that it considers appropriate---acquiring agency/department/entity is restricted in its use of the land to the purpose mentioned in the notification and for no other purpose---Further, no additional land can be included in the award which was not mentioned in the notification under S. 4 without any addendum or fresh notification issued after fulfilling all legal and procedural formalities required to be fulfilled in this regard. Head NotesCase Description Citation Name: 2022 SCMR 830 SUPREME-COURTBookmark this Case PROVINCE OF PUNJAB through Secretary Housing and Physical Planning Department, Government of the Punjab, Lahore VS Syed ZIA UL HASSAN ZAIDI S. 4(1)---Qanun-e-Shahadat (10 of 1984), Art. 129(e)---Acquisition proceedings---Legality---Notification for acquisition of the disputed land ('the notification') was issued under section 4(1) of the Punjab Acquisition of Land (Housing) Act, 1973 ('the Act')---Said notification stated that land in the locality mentioned in the schedule to the notification was being acquired for the development of a scheme---Perusal of said schedule showed that it mentioned various khasra numbers which were acquired in the locality, however, the disputed land was not mentioned anywhere in the said schedule---Entire acquisition for the scheme was carried out based on the notification which had no mention of the disputed land---On the contrary, there was a subsequent notification ('the subsequent notification') on the record issued by the relevant Office of the Deputy Commissioner which established two facts; that the land mentioned in the notification was no longer required for the purpose mentioned in the notification, and, that the notification was withdrawn by the competent authority i.e., the Deputy Commissioner, as provided in section 4(1) of the Act---Nothing was available on the record to show that the subsequent notification was ever challenged by the Provincial Government authorities or, that a further notification was issued in supersession of the subsequent notification---Fact that a subsequent notification withdrawing the earlier notification was issued further showed that possession of the land sought to be acquired was not taken by the Provincial Government authorities---In the absence of any material suggesting that the subsequent notification was challenged, the Court under Article 129(e) of the Qanun-e-Shahadat Order, 1984 may presume the existence of the fact that the disputed land was not required by the Provincial authorities---Moreover various letters on record including from the revenue authorities and the Director of Provincial Housing and Physical Planning Department showed that the disputed land was in possession of respondents and Department itself excluded it from the scheme--- Appeal was dismissed. Head NotesCase Description

PROVINCE OF PUNJAB through Secretary Housing and Physical Planning Department, Government of the Punjab, Lahore vs Syed ZIA UL HASSAN ZAIDI S — 2022 SCMR 830 SUPREME-COURT

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