MULTAN DEVELOPMENT AUTHORITY vs ASHIQ MUHAMMAD KHAN and another
This matter concerns a petition for leave to appeal against a judgment of the Lahore High Court, which dismissed a civil revision filed by the Multan Development Authority. The Supreme Court granted leave to appeal to address significant legal questions regarding the acquisition of land under the Punjab Acquisition of Land (Housing) Act VIII of 1973. The core legal issues to be determined include whether, in addition to the public notice required under Section 6(1) of the Act, personal notice must be served upon all landowners and interested claimants. Furthermore, the Court seeks to decide whether the failure to serve such personal notice vitiates the entire acquisition proceedings. Finally, the Court will examine whether the statutory notices mandated by the Act are restricted solely to the assessment of compensation or whether they are intended to provide affected persons with a meaningful opportunity to object to the acquisition of their land. The case highlights the procedural requirements for land acquisition and the rights of affected parties to receive notice and contest acquisition proceedings.
- Is it necessary to serve personal notice on all landowners and claimants in addition to the public notice required under Section 6(1) of the Punjab Acquisition of Land (Housing) Act VIII of 1973?
- Does the non-service of personal notice vitiate land acquisition proceedings under the Punjab Acquisition of Land (Housing) Act VIII of 1973?
- Are the statutory notices contemplated in the Punjab Acquisition of Land (Housing) Act VIII of 1973 intended solely for the assessment of compensation or also to provide an opportunity to object to the acquisition?
- Section 6(1), Punjab Acquisition of Land (Housing) Act VIII of 1973
ORDER
1. ' TANVIR AHMED KHAN, J.--- Leave to appeal is sought against the judgment, dated 7-12-2001 whereby a learned Single Judge of the Lahore High Court, Multan Bench, Multan, dismissed the civil revision filed by the petitioner.
2. ' It is pertinent to mention here that leave, on the issues which are now urged by the petitioner, was granted by this Court in Civil Petition No,1434/L of 1996 (Lahore Development Authority v. W.Z.
3. Studios and others) on 30-11-1996. However, this case was subsequently, withdrawn by the parties because of a compromise reached between them.
4. ' After hearing the learned counsel for the parties, we grant leave to consider, inter alia, (1) whether apart from the public notice envisaged under section 6(1) of Punjab Acquisition of Land (Housing)
5. Act VIII of 1973, is it also necessary to serve personal notice on all the owners of the land and claimants of interest in such land; (2) whether non-service of personal notice would vitiate the acquisition proceedings; and (3) whether the statutory notices contemplated in various provisions of the Act are intended for the purpose of assessment of compensation only or they are also meant to provide an opportunity to the affected persons to object to the acquisition of the land sought to be acquired. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.