AKHTAR IQBAL versus GOVERNMENT OF PUNJAB

Article 199 mandamus collector for reference under the Land Acquisition Act (1899 of I99), the applicant for the construction of the highway, the land acquiring government but thereafter abandoning the scheme and offering the property to the applicant. The protestor will demand a refund of the compensation received under the applicant. Applying the collector to the court for reasonable compensation, the collector's responsibility is to make the reference legal and then to abandon the acquisition plan were not consistent with the question of determining the appropriate compensation, Under the circumstances, neither the Government applied or applied for any restitution of property under any legal obligation until after the Land Acquisition Act (I of 1894), the resumption of property after section 18 and any compulsion before compensation. On

1981 C L C 916

[Karachi]

Before K. M. A. Samadani, J

AKHTAR IQBAL‑Petitioner

versus

GOVERNMENT OF PUNJAB ETC.‑--Respondents

Writ Petition No. 1130 of 1975, decided on 17th March, 1980.

Constitution of Pakistan (1973)-----

------‑‑ Art. 199‑Mandamus to Collector for reference under Land Acquisition Act (I of 1894), S. 18‑Government acquiring petitioner's 'land for construction of Highway but subsequently abandoning scheme and offering property back to petitioner, demanding refund of compensation money received under protest‑Petitioner applying to Collector for reference to Court for adequate compensation --Held, obligation of Collector to make reference statutory and abandonment of project subsequent to acquisition not relevant to question of determination of adequate compensation‑Further held, in circumstances, neither Government under any legal obligation to restore property to petitioner nor petitioner under any compulsion to resume property and forego compensation after so long period Land Acquisition Act (I of 1894), S. 18.

Mian Fazal‑e‑Mahmood for Petitioner.

M. M. Saeed Beg for Respondents Nos. 1 to 5.

Date of hearing : 11th March, 1981.

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