Syed NAZAR ABBAS NAQVI vs COMMISSIONER, SARGODHA DIVISION and others
This matter concerns a petition for leave to appeal before the Supreme Court of Pakistan regarding the acquisition of property under the Land Acquisition Act. The core legal questions involve whether property acquired for a specific public purpose must be returned to the original owner if that purpose is abandoned or fails, and whether the acquiring authority is permitted to repurpose such land for a different public use. Furthermore, the court seeks to determine if a change in purpose that results in the self-enrichment of the acquiring authority at the expense of the original owner still qualifies as a valid 'public purpose.' Finally, the court addresses whether a constitutional petition challenging such acquisition should be dismissed on the grounds of laches when the change of purpose occurred long after the initial acquisition. Finding these issues significant, the Supreme Court granted leave to appeal, ordering the case to be heard alongside other similar pending appeals to resolve these questions of law.
- Should property acquired under the Land Acquisition Act be returned to the original owner if the purpose for which it was acquired fails or is abandoned?
- Can an acquiring authority utilize property acquired for one public purpose for a different public purpose?
- Does the use of acquired property for the self-enrichment of the acquiring authority constitute a valid public purpose?
- Can a constitutional petition be dismissed on the ground of laches if the change of purpose for the acquired property occurred long after the initial acquisition?
- Land Acquisition Act 1894
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.-- After hearing the learned counsel at some length in support of this petition, we consider it a fit case for grant of leave to appeal for the examination inter alia of the following questions:
(a) Whether on the abandonment or failure of the purpose for which a property is acquired under the Land Acquisition Act, it should not be returned to the original owner;
(b) Whether the acquisitioning authority can utilise such property for another public purpose:
(c) Whether in case the purpose for different use is wholly or partly self-enrichment of the acquiring authority at the cost of the original owner, will it be public purpose:
(d) Whether in view of the explanation that the change of purpose took place after a long time since acquisition, therefore, the petitioner could not have filed a writ petition earlier, cannot now be accepted; and thus whether the petitioner's constitutional petition was liable to be dismissed on ground of laches.
2. ' These questions together with other related questions require examination.
3. ' Leave to appeal is, accordingly, granted. Security Rs,5,000.
4. ' Leave has already been granted in two other similar cases as C.P. 57-R of 1988, leave to appeal was granted on 27-3-1988 (now Civil Appeal No,40 of 1988) and C.P. 121-R of 1988 wherein leave to appeal was granted on 10-5-1988. All these cases to be heard together.
5. ' Appeal in this case shall be prepared on the present record with direction to the parties to file all necessary documents.