MOATAMIR AL-ALAM AL-ISLAMI (FOUNDATION) THROUGH SECRETARY FOUNDATION versus SULTAN KHAN
Sections 4, 5, 5A, 6, 39, 42 and 54 of the Special Relief Act (of 1877), section 42 of the land suit property were acquired on an award basis and the acquisition proceedings were challenged as well. ? The plaintiffs / landlords alleged that the suit property was not obtained for any public purpose as no notice was issued under Sections 5 and 5A of the Land Acquisition Act 1894. And that no prior permit was obtained in connection with the acquisition of section 39 of the said Act, the trial court pronounced the judgment of the plaintiffs and the appeal filed by this organization also by the appellate court. The request was made through which the land was acquired. The company was not and the acquisition was not `public purpose ', the onus was transferred to the organization to establish whether it was a company or a registered society. And that acquisition was for public purpose. And this necessary approval was obtained under the law The defendant / organization did not say a word in the written statement that it was a company or a registered society and there was no evidence presented by the defendant that the company or The registered society witnesses, who appeared before the trial court on behalf of the department, had confessed that no agreement had been made by the company / organization with the commissioner plaintiff to prove that a former government Failure to establish consent was an inquiry to prove. Any credible and dependable evidence on the record relating to the status of the defendant as a company or of the registered Society Land Acquisition Act of 1894, required for public purpose.
Related judgments — Peshawar High Court NWFP, 2010
