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Writ Petition No. 2548 of 1986, decided on 30th September, 1986.

---Art. 199--Land Acquisition Act (I of 1894), S.4--Constitutional jurisdiction--Acquisition of land--Petitioners agreeable to acquisition of their land on payment of specified price--Respondent agreeing to such price--Constitutional petition with consent of parties disposed of in terms of settlement arrived at between parties.

Raja Muhammad Muzaffar for Petitioner.

Khalil Ramday, Additional Advocate General for Respondent Nos.l to 3

Ch. Mushtaq Ahmad Khan for Respondent No. 4.

Date of hearing: 30th September, 1986.

This writ petition by consent is being disposed of as a notice case.

2. The learned Additional Advocate-General, Punjab, Mr. Khalil Ramday is present together with the departmental officials who have brought the record pertaining to the acquisition of the property in dispute.

3. During the hearing it transpired that the Model Town Housing Society has acquired the major chunk of the property in dispute through private negotiations and only resort had to be made for acquisition proceedings in respect of those areas where the proprietors were totally unwilling and they were located within the boundaries of the scheme.

4. It further transpired that the petitioners Muhammad Saleem and Malik Ijaz Elahi have to their share an area of 8 Kanals 10 Marlas. One of their other relations whose matter is not in dispute and stands settled got two Kanals. In respect of the two petitioners, the Deputy Commissioner had sanctioned Mutation No. 188 on 18-8-1985 for an area of 8 Kanals 10 Marlas. From amongst the petitioners, Muhammad Saleem is present while the other petitioner Malik Ijaz Elahi is represented by his learned counsel.

5. The petitioners are agreeable to the acquisition of their land for the purpose of the Housing Scheme provided in addition to the land given to them vide Mutation No. 188, dated 18-8-1985 they are given Rs.1,04,000 as compensation and for the purpose of earth filling Rs.1,30,997; thus making a total of Rs.2,34,997. On behalf of the respondent Society, Mr. Irshad Ahmad Khan, Secretary is present. He that make it round figure of Rs.2,35,000 so that the petitioners are fully, satisfied.

6. Both the parties have thus arrived at a compromise. Mr. Irshad Ahmad Khan for the ,respondent Society states that the Society is ready to make payment of the amount claimed by the petitioners.

7. The petitioners pray that they undertake to this Court to vacate the entire land .under acquisition within a period of two months and in the light thereof they may at least be paid half of the amount so that they can carry out their new construction at the alternative site being given to them under the aforesaid mutation.

8. Mr. Irshad Ahmad Khan on behalf of the respondent Society states that they will deposit the entire amount with the Land Acquisition Collector. Out of the sum so deposited by the respondent Society, the Land Acquisition Collector shall pay half of the amount to the petitioners as requested by them within one week from today. The Land Acquisition Collector shall hand over the possession of the exchanged area comprising mutation No. 188 sanctioned on 18-8-1985 measuring 8 Kanals 10 Marlas to the petitioners.

9. The petitioners in keeping with the undertaking to this Court will hand over the vacant possession of the land under acquisition on 30-11-1986 to the respondent-Society through the Land Acquisition Collector.

10. The learned counsel for the petitioners states that in view of the arrangement arrived at between the parties they accept the mutation of exchange and also there is no dispute left now for compensation and if any of the proceedings are pending before any forum or tribunal then they shall withdraw the same.

11. The writ petition is thus disposed of in the above terms. The petitioners are directed to hand over the vacant possession of the premises in dispute in keeping with the undertaking and so shall the A respondents discharge their obligations in the manner spelt out in the order. In the circumstances of the case there shall be no order as to costs.

H.B.T./M-113/L Order accordingly.

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