KHURSHEED AHMAD vs PROVINCE OF PUNJAB Ss — 2023 PLD 245 LAHORE-HIGH-COURT-LAHORE

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KHURSHEED AHMAD VS PROVINCE OF PUNJAB Ss. 4, 7 & 48---General Clauses Act (X of 1897), S. 21---Publication of preliminary notification, challenge to---Scope---Petitioners were aggrieved of issuance of third notification under S. 4 of the Land Acquisition Act, 1894 while the earlier two were de-notified---Contention of petitioners was that the impugned notification was the outcome of mala fide and that the Collector had no power to de-notify the acquisition proceedings in terms of S. 48 of the Land Acquisition Act, 1894 because such authority only vested with the Commissioner---Validity---Petitioners were bound to plead the facts resulting into mala fide in a specific manner---Mala fide was one of the most difficult things to prove---When stance of the petitioners was examined, it became clear that the edifice of the petitioners' was without any sound basis---High Court observed that acquisition was not merely a step ahead for getting something but it was more than that---Move in terms of S. 4 of Land Acquisition Act, 1894, was only an initial step for the purpose of preliminary investigation to determine the feasibility of the proposed land needed or likely to be notified for any public purpose---Act of acquisition matured only when the Collector issued an order for the acquisition of the land in terms of S. 7 of the Land Acquisition Act, 1894---Notification under S. 4 of the Land Acquisition Act, 1894, fell within the competence of the Collector---When the Collector was empowered to issue the notification, he was also competent to de-notify the same in terms of S. 21 of the General Clauses Act, 1897--- Petitioners remained unable to highlight any illegality or perversity in the impugned proceedings---Constitutional petition was dismissed.

KHURSHEED AHMAD vs PROVINCE OF PUNJAB Ss — 2023 PLD 245 LAHORE-HIGH-COURT-LAHORE

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