SHAHID MEHMOOD vs DISTRICT COLLECTOR/LAND ACQUISITION COLLECTOR Ss — 2023 MLD 1210 LAHORE-HIGH-COURT-LAHORE |

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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.

SHAHID MEHMOOD vs DISTRICT COLLECTOR/LAND ACQUISITION COLLECTOR Ss — 2023 MLD 1210 LAHORE-HIGH-COURT-LAHORE

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