MST. ABIDA AMAN-I-RUM versus GOVERNMENT OF N.-W.F.P. THROUGH SECRETARY PUBLIC HEALTH AND SANITATION DEPARTMENT
Sections 4, 9, 10 and 11 Constitution of Pakistan, Article 199 Constitution of Land Acquisition The Land Acquisition Collector had begun the process of acquiring the applicants' land, at the request of the Department of Public Health, and a notification under Section 4 of the Land Acquisition Act, 1894. Was released. It was also published in this regard, however, that the acquisition process was halted, the applicants testified for the notification under Sections 9 and 10 of the Land Acquisition Collector's Act, under which it had 27 / The re-acquisition process was started after 28 years, the process of acquittal was left without any order or any other action and then for the first time after about 27 27/28 years. Notices were issued under Sections 9 and 10 of the Act, which, depending on the notifications / notices of the year 1980, were issued on the instruction of the Municipal Administration of Tehsil, rather than the Department of Public Health Engineering, which is the Act without any legal justification. Although there was nothing in the record to stop the acquisition process, the silence of the department in this regard would be sufficient to observe that the Department had its own view on seizing the applicant's land. Left though it didn't. Subject to the provisions of Section 5 (2) (3) of the Land Acquisition Act, 1894, but sufficient delay and quietness of the Department is sufficient to make the acquisition of the land invalid in the eyes of the Collector of the Land Acquisition. Was. In the 2007 announcement of the award, the market value of the property obtained from the issuance of the notification period was 1980 (1980), which was a joke of the law itself, and was baseless and unreasonable.
Related judgments — Peshawar High Court NWFP, 2012
