GOVERNMENT OF PAKISTAN through Secretary Ministry of Defence Rawalpindi vs AKHTAR ULLAH KHAN KHATTAK Ss

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GOVERNMENT OF PAKISTAN through Secretary Ministry of Defence Rawalpindi VS AKHTAR ULLAH KHAN KHATTAK Ss. 4, 11 & 48---acquisition of land, withdrawal from---acquiring department after taking possession seeking to withdraw from the acquisition on the ground that the department did not have the funds to make payment---Legality---as a result of the award, the possession of the land was obtained from the landowners, which was confirmed by the record of rights for the year 1999, which reflected the acquiring department as the owner of the land---Land had been absolutely vested with the acquiring department of the Government since 1999---Since the appellants/petitioners had taken possession of the land in pursuance of the award under Section 11 of the Land acquisition act, 1894, the acquisition had become past and closed, denuding the Commissioner of the right to withdraw, rescind, recall or amend any notification regarding the acquisition---Therefore, he could not rely on Section 48 merely because the acquiring department had no funds to pay for the compensation---Land acquisition act, 1894, did not allow such grounds of withdrawal from the acquisition of land once possession was obtained---Landowners could not be left in a quandary; they could not be expected to wait indefinitely, as the Government had acquired their valuable right to the immovable property---If the Government or its acquiring department did not have the funds, it should have made up its mind quickly and that too before taking possession and told the landowners where they stood---Land acquisition process started in 1977 and was delayed due to ineptitude and negligence of the appellants/petitioners---Since then, the landowners had been struggling to get their legitimate rights---Impugned notification under Section 48(1) of the act by which the acquisition was withdrawn could not be held to be bona fide; rather, it was invalid, illegal and without jurisdiction and would be construed as a clever ploy on the part of the appellants/petitioners to deceive the landowners---High Court had rightly set-aside the impugned notification - Matters were disposed of accordingly. Citation Name: 2024 PLD 218 SUPREME-COURTBookmark this Case GOVERNMENT OF PAKISTAN through Secretary Ministry of Defence Rawalpindi VS AKHTAR ULLAH KHAN KHATTAK Ss. 4, 16, 17& 48---General Clauses Act (X of 1897), S. 21---Acquisition of land, withdrawal from---Power of the Commissioner to withdraw from acquisition of any land---Scope---Power of the Commissioner to withdraw from the acquisition of any land is unfettered till possession has been taken---As such, the Land Acquisition Act, 1894, contemplates that once possession has been taken, acquisition is complete, and the Commissioner can no longer exercise the power to withdraw---Possession must be actual possession of the land, as all interests in the land are sought to be acquired; there can be no question of taking "notional" or "symbolical" possession, nor would possession merely on paper be enough---Possession ought to be either under Section 16 or 17 of the Land Acquisition Act, 1897---It is implicit that after possession has been taken, the land is vested in the Government, and the notifications issued prior to it cannot be cancelled under Section 21 of the General Clauses Act, 1897.

GOVERNMENT OF PAKISTAN through Secretary Ministry of Defence Rawalpindi vs AKHTAR ULLAH KHAN KHATTAK Ss — 2024 PLD 218 SUPREME-COURT

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