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Syed ALI RAZA RIZVI vs COMMISSIONER, D — 2025 CLC 866 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 CLC 866 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
CLC
Parties
Syed ALI RAZA RIZVI vs COMMISSIONER, D
Subject matter
Civil
Provisions referred to
S. 9; S. 17

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Syed ALI RAZA RIZVI VS COMMISSIONER, D.G. KHAN DIVISION Ss. 4, 5, 5-a, 6, 9, 17(1)(2) & 17(4)---acquisition of land---Case of urgency---Violation of acquisition process, allegation of---Petitioners (landowners) invoked constitutional jurisdiction of the High Court assailing land acquisition process for the development of Peak Capacity Solar PV Project to be acquired by National Transmission and Dispatch Company (NTDC) (the company tasked with the assignment of implementation of the project)---Objection raised regarding the effect of issuance of notices under S. 9 of the Land acquisition act, 1894 ('the act 1894'), after the expression of urgency was conveyed and materialized in shape of the Notification under S. 17(4) of the act 1894---Validity---Subsection (1) of S. 17 of the act, 1894 transpired that the Commissioner was assigned the lead role and upon Commissioner's directions, the Collector was competent to take possession of the land after passing of fifteen days, from the publication of the notice under S. 9(1) of the act 1894---Notwithstanding the fact that notice under S. 9 of act, 1894 was issued after Notification under S. 17(4) of the act 1894, no infringement of the statutory command was evidently committed---Petitioners had the opportunity to file objections after the notices issued under Ss. 9 & 10 of the act, 1894, but their ambition was to knock-down the purpose of acquisition, which purpose had to fail---Constitutional petition, filed by land-owners, was dismissed, in circumstances.

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