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ZAINUDDIN versus ASSISTANT COMMISSIONER-CUM-COLLECTOR, QUETTA


Sections 3 (f), 18 and 48 of the Land Acquisition Act 1894, the orders for obtaining illegal acquisition of land may be complied with only by the Government pursuant to the terms of Section 48, Land Acquisition Act, 1894, This is guaranteed by the officer of the department. The land will be abandoned due to lack of law behind it and it cannot be taken for granted. The authority to withdraw from the acquisition falls under the jurisdiction of the Government, soon after the award the occupied land has been withdrawn, the option to withdraw will cease to be a public purpose, once all formal payments and titles are fulfilled. After the land was acquired for public purposes, the government was transferred, such land could be used for any public purpose and it was not necessary to use the same purpose for a specific purpose. ? This was achieved, because such a change would not cause any prejudice to the owners who have already been compensated.

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