KAREEM NAWAZ vs DISTRICT COLLECTOR/DEPUTY COMMISSIONER MULTAN Ss — 2023 PLD 1 LAHORE-HIGH-COURT-LAHORE

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KAREEM NAWAZ VS DISTRICT COLLECTOR/DEPUTY COMMISSIONER MULTAN Ss. 4, 5, 5-a, 9(1), 17(1)(2) & 17(4)---acquisition of land---Case of urgency--- Fundamental rights, violation of--- Petitioners assailed notifications whereby land in question was acquired treating the matter as case of urgency, without compliance of mandatory provisions of law---Validity---Provisions of Ss. 5 & 5-a of Land acquisition act, 1894, and all other provisions up till publication of notice under S. 9 of Land acquisition act, 1894, were to be complied with and carried out to full effect---Notification was to be issued under S. 5 of Land acquisition act, 1894, that land was needed for public purpose or company---Right of hearing under S. 5-a of Land acquisition act, 1894, was conferred on any person interested in any land which was notified under S. 5 of Land acquisition act, 1894 and to object to acquisition of land---Such right was fundamental to the process of acquisition and was inviolate even in case of urgency contemplated by S. 17(1) of Land acquisition act, 1894---Possession could only be taken after publication of notice mentioned in S. 9(1) of Land acquisition act, 1894---No such proceedings took place in the present case and requirements of S. 17(1) of Land acquisition act, 1894, had gone abegging---If such was the situation, then S. 17(4) of Land acquisition act, 1894 could not have come into play as the provision was subject to applicability of S. 17(1) & (2) of Land acquisition act, 1894---Such power was further subject to another important rider which was contained in proviso to S. 17(1) of Land acquisition act, 1894, which related to deposit by department of Government, the local authority or company for which land was being acquired to first deposit estimated cost of acquisition of such land as determined by Collector of the District---Notice mentioned in S. 9(1) of Land acquisition act, 1894 which was to be issued after compliance of Ss. 5 & 5-a of Land acquisition act, 1894 had already taken place---Such provisions were to be reconciled and read in harmony---Intention of such provisions was only be to dispense with normal procedure in case of emergency and to proceed to take possession, immediately---Only thing left then was giving of compensation---act of Commissioner in the present case of issuing second notification under Ss. 17(4) & 6 of Land acquisition act, 1894, was null and without lawful authority---High Court struck down notifications under Ss. 4, 17(4) & 6 of Land acquisition act, 1894--- Constitutional petition was allowed, in circumstances. Citation Name: 2023 PLD 1 LAHORE-HIGH-COURT-LAHOREBookmark this Case KAREEM NAWAZ VS DISTRICT COLLECTOR/DEPUTY COMMISSIONER MULTAN S. 17(4)---Punjab Land Acquisition Rules, 1983, Rr. 10 & 11---Acquisition of land---Forming of opinion by Commissioner---Preserving agriculture economy---Scope---Before exercise of power under S. 17(4) of Land Acquisition Act, 1894, by Commissioner, he has to form opinion on the basis of material placed before him and duly considered by Commissioner at the time when he forms the opinion---Grounds and circumstances forming basis of opinion must have a direct nexus with exercise of power conferred under S. 17(4) of Land Acquisition Act, 1894 and must not be based on irrelevant considerations---Reading of R. 11 of Punjab Land Acquisition Rules, 1983, shows that Commissioner while forming opinion has to return a finding as to whether it would be proper to acquire a certain piece of land so as to minimize loss to agricultural economy---Special emphasis has been laid for preserving agricultural economy and while acquiring land special care has to be taken with regard to preservation of agricultural economy and public health---Such is the underlying theme of Rr. 10 & 11 of Punjab Land Acquisition Rules, 1983, and corresponding obligation is cast upon Commissioner of the Division while forming an opinion. Citation Name: 2023 PLD 1 LAHORE-HIGH-COURT-LAHOREBookmark this Case KAREEM NAWAZ VS DISTRICT COLLECTOR/DEPUTY COMMISSIONER MULTAN Urgency---Meaning---Urgency in common parlance, connotes taking of immediate steps. Citation Name: 2023 PLD 1 LAHORE-HIGH-COURT-LAHOREBookmark this Case KAREEM NAWAZ VS DISTRICT COLLECTOR/DEPUTY COMMISSIONER MULTAN Ss. 17(1)(2) & 17(4)---acquisition of land---Special powers in cases of urgency---Pre-condition---Words "in cases where in the opinion of the Commissioner the provisions of subsection (1) or subsection (2) are applicable"---Scope---Legislature requires Commissioner to form an opinion---Opinion must be expressed in writing and cannot be presumed to exist in the mind of Commissioner without finding expression in a written order.

KAREEM NAWAZ vs DISTRICT COLLECTOR/DEPUTY COMMISSIONER MULTAN Ss — 2023 PLD 1 LAHORE-HIGH-COURT-LAHORE

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