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Hafeeza Begum vs Government of Punjab through Secretary Higher Education Department Ss — 2025 YLR 2516 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 YLR 2516 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
YLR
Parties
Hafeeza Begum vs Government of Punjab through Secretary Higher Education Department Ss
Subject matter
Constitutional
Provisions referred to
S. 9; S. 4; S. 5; S. 5-A; S. 6; Land Acquisition Act

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

Hafeeza Begum VS Government of Punjab through Secretary Higher Education Department Ss.4, 5, 6 & 9---Constitution of Pakistan, Art. 199---Acquisition of land for education/science centre---"Public purpose"---Determination---Controversial facts---Interference by High Court---Scope---Petitioners challenged issuance of notifications under Ss. 4, 5, 6 and notice under S. 9 of the Land Acquisition Act, 1894, (Act) and raised objection regarding fixing less value of the acquired land during the course of arguments---Validity---Through notification under S. 4 of the Act the government had shown its intention to establish an educational/science centre at the land in question which would undoubtedly benefit the general public---Under S. 5 of the Act, the officer so authorized shall at the time of such entry pay or tender payment for all necessary damage to be done and under S. 5-A of the Act every interested person in the acquisition proceedings [i.e. land owner] could file objections against notification under S. 4(1) of the Act and thereafter, the Provincial Government after being satisfied issued notifications under S. 6 of the Act which was conclusive evidence that land was needed for public purpose---Provincial Government, after due process, issued notification under S. 6 of the Act, which was gazetted on the same day, where after, notices under S. 9 of the Act were issued to the land owners to file objections which were still pending before the concerned authorities---Petitioners had not agitated the objection as to wrongly fixing less value of the acquired land in their constitutional petitions---Complete mechanism for redressal of grievance of an aggrieved person regarding land acquisition proceedings had been provided in Act as such the acquisition proceedings could not be assailed through constitutional petition---High Court while exercising constitutional jurisdiction was not supposed to hold an inquiry or probe the matter, which was factual in nature---Proceedings of acquisition were made by the respondents according to the provisions of the Act and the petitioners failed to bring on record any material irregularity, illegality or jurisdictional defect in these proceedings---Constitutional petitions were dismissed, in circumstances.

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