AMANULLAH BAIG versus LAND ACQUISITION COLLECTOR, SCARP, CONSTRUCTION CIRCLE, WAPDA SCARP-VI, RAHIM YAR KHAN
Land Acquisition Act 1894 Sections 4, 6 and 7 Constitution of Pakistan (1973), Article 199 Compensation for Acquisition of Land, Applicant determined by private negotiation received compensation and executed in favor of acquiring the Department. It claimed to have acted in violation of Section O-28 of the Land Acquisition, after reviewing the value of the Land Acquisition Committee, and the value of the land was fixed unilaterally. The High Court refused to exercise its constitutional jurisdiction because of the declaration of value to all owners. The land, including the applicant, was also charged by the negotiating committee and the sale process was done in favor of obtaining the applicant. The applicant claimed that since he received compensation under the protest, he is entitled to file a constitutional petition. While the Opposition claimed that the applicant received the price without protest, the parties' contentious claims raised the question of fact which cannot be resolved without proof. In the constitutional jurisdiction, questions of fact cannot usually be resolved
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