Citation Name: 2023 MLD 1210 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHAHID MEHMOOD vs DISTRICT COLLECTOR/L

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Citation Name: 2023 MLD 1210 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHAHID MEHMOOD VS DISTRICT COLLECTOR/LAND ACQUISITION COLLECTOR S. 4---acquiring of land---Completion of acquisition proceedings within reasonable time--- Scope--- Law is always based on reasonableness and if no time is prescribed under the law for performing an act, it does not mean that the executive should sleep over the matter and put the citizens in agony of waiting the outcome of proceedings resulting into offending their property rights in the garb of acquisition. Citation Name: 2023 MLD 1210 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHAHID MEHMOOD VS DISTRICT COLLECTOR/LAND ACQUISITION COLLECTOR Ss. 4 & 5-a---Constitution of Pakistan, arts. 24 & 173--- Protection of property rights---Power to acquire property and to make contracts---acquiring of land---Hearing of objections---Scope---Person cannot be deprived of his property in the ordinary circumstances---Law, however, provides a departure and permits to acquire the property of any person for a public purpose and after payment of due compensation as ordained under the relevant law---article 173 of the Constitution bestows power upon the executive to acquire property on behalf of Federal Government or the Provincial Government subject to any act of the appropriate Legislature---On the strength of the above referred constitutional provisions, Land acquisition act, 1894, comes into play, which deals with the acquisition of land needed for public purpose and for companies and for determination of the amount of compensation to be paid on account of such acquisition---Part II of the Land acquisition act, 1894, deals with the acquisition---Section 4 authorizes the Collector of the District to issue a notification whenever it appears to him that land in any locality is needed or likely to be needed for any public purpose or for a Company---When a particular land is needed for any public purpose or a Company, the Commissioner or the Provincial Government as the case may be, if satisfied after considering result of the survey, if any, made under subsection (2) of S. 4, or if no survey is necessary, at any time, that any particular land included in a locality notified under subsection (1) of S. 4 is needed for public purpose or a Company, as the case may be, a notification to that effect shall be published in the official Gazette, stating the District or other territorial division in which the land is situated, the purpose for which it is needed, its appropriate area and situation, and where a plan has been made of the land, the place where such plan may be inspected, and the Collector shall cause public notice to be given of the substance of the notification at convenient places on or near the land to be acquired---after the issuance of notification under S. 5-a of the Land acquisition act, 1894, any person interested in any land, which has been notified thereunder may within 30 days after the issuance of notification object to the acquisition of land or any land of the locality as the case may be. Citation Name: 2023 MLD 1210 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHAHID MEHMOOD VS DISTRICT COLLECTOR/LAND ACQUISITION COLLECTOR S. 4--- acquiring of land---Failure to complete acquisition proceedings within reasonable time---Effect---Petitioners assailed the notifications issued under S. 4 of the Land acquisition act, 1894, on the ground that no further proceedings had been carried out by the respondents since the issuance of the notifications---Validity---after issuance of notifications under S. 4, no further step had been taken by the respondents---To this effect, a report was also requisitioned from the Collector wherein no valid justification was available as to why no further action was initiated by the respondents after the issuance of the notifications under S. 4 despite lapse of several years---Even in the absence of any time frame in S. 4, the respondents were obliged to take further steps for the purpose of acquisition within reasonable time, which in no case should exceed one year from the date of issuance of notification---Constitutional petitions were accepted and the impugned notifications were set aside.

Citation Name: 2023 MLD 1210 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHAHID MEHMOOD vs DISTRICT COLLECTOR/LAND ACQUISITION COLLECTOR S — 2023 MLD 1210 LAHORE-HIGH-COURT-LAHORE

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