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

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Syed ALI RAZA RIZVI VS COMMISSIONER, D.G. KHAN DIVISION Ss. 4, 5, 5-a, 6, 9, 17(1)(2) & 17(4)---Constitution of Pakistan, art. 199---acquisition of land---Case of urgency---Violation of acquisition process, allegation of---Judicial review---Scope---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)---Held, that it was not for the High Court to review or assess as to what was the urgency to take possession, which assessment had to be made by the Commissioner---In fact, the opinion expressed by the Commissioner and assessment of element urgency for the purposes of taking possession of the land called for showing deference---Nothing was alleged that how composite Notification under Ss. 17(4) & 6 of the act 1894 had prejudiced the petitioners and upon issuance of Notification under reference, Ss. 5 & 5-a of the act, 1894 had no application---There was no occasion, in the circumstances of the case, to undermine the concept of eminent domain and jurisprudence developed vis-à-vis "the taking clause", which acknowledged the right to fair and just compensation against the acquisition of land for public purpose---Nothing was pleaded with regard to alleged denial of compensation and right to disagree to the quantum of compensation determined or to seek enhancement thereof was neither prejudiced nor denied---Hence, no cause was apparently available to invoke judicial review jurisdiction---Once land was required for public purpose, interference by exercising judicial review jurisdiction tantamount to throwing spanner in the works---Constitutional petition, filed by the landowners was dismissed, in circumstances.

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

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