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BOSTAN versus LAND ACQUISITION COLLECTOR, RAWALPINDI


Sections 4, 5, 5A, 17 and 41 Constitution of Pakistan (1973), Article 199 Constitutional application for acquisition of land The purpose of the establishment of a residential colony by the Army Welfare Trust was to remove land. The Trust was a society registered under the Societies Registration Act, 1860, and the land acquired was for the establishment of a housing colony, while a notification issued under section 4 of the Land Acquisition Act, 1894, stated that the land was for defense purposes. Was obtained. The owners of the land were that the authorities had deviated for the purpose of acquisition and the establishment of a housing society was not a public purpose. Despite being a society registered under the Validity Army Welfare Trust, Society Registration Act 1860, welfare Works that were approved by the Directorate of Welfare and Maintenance (W&R), which were approved by various Directors of the General Headquarters Land, Directorate of General Headquarters Adjutant General (AG). Branch Housing Colony includes colleges, high and elementary schools, hospitals, mosques, community centers, There was a wide supply of utility service units, including the stadium and the unit, with no diversification at the bank and the post office. The objective was to achieve the acquisition as shown in the notification under Sections 4 and 17 of the Land Acquisition Act, 1894, And the purpose of the Army Welfare Trust for which the land was acquired was a "public purpose" and there was no deviation from the purpose by which the authorities were required to comply with Section 4 of the Land Acquisition Act, 1894. Did not commit any illegal movement in the issuance of the notification under the Constitutional petition

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