GOVERNMENT OF PAKISTAN, SECRETARIES, WORKS, COMMUNICATIONS AND PHYSICAL PLANNING vs TAUQIR AHMED KHAN and others
This matter concerns a challenge to land acquisition proceedings initiated by the Government of Pakistan for the construction of residential accommodation for Central Government employees. The Collector issued an initial notification under Section 4 of the Land Acquisition Act in 1979, followed by subsequent notifications and a directive under Section 17(4) of the Act. The landowners challenged the proceedings, arguing that under Rule 7 of the Punjab Land Acquisition Rules, the acquisition lapsed because no notification under Section 5 was issued within one year of the initial Section 4 notification. The High Court declared the proceedings void due to this delay. The Supreme Court, upon review, refused to grant leave to appeal. The Court held that allowing the acquisition to proceed after such an extensive delay—during which land prices had escalated manifolds—would result in manifest injustice, as the compensation would not reflect current market values. Furthermore, the Court affirmed the High Court's decision as consistent with the Provincial Government's instructions regarding the timely finalization of acquisition proceedings, thereby upholding the invalidation of the stale acquisition process.
- Can land acquisition proceedings be declared void if they remain pending for an inordinate period causing manifest injustice to landowners?
- Does the failure to issue a notification under Section 5 of the Land Acquisition Act within one year of the Section 4 notification render acquisition proceedings void under the Punjab Land Acquisition Rules?
- Is the Supreme Court inclined to interfere with acquisition proceedings where the compensation offered would be disproportionate to the current market value due to administrative delays?
- Section 4, Land Acquisition Act 1894
- Section 5, Land Acquisition Act 1894
- Section 5-A, Land Acquisition Act 1894
- Section 6, Land Acquisition Act 1894
- Section 7, Land Acquisition Act 1894
- Section 17(4), Land Acquisition Act 1894
- Section 17-A, Land Acquisition Act 1894
- Rule 7, Punjab Land Acquisition Rules 1983
ORDER
' SAAD SAOOD JAN, J.---The contesting respondents owned land in village Dhana Singh Wala of Tehisl Lahore. On 15-10-1979 the Collector issued a Notification under section 4, Land Acquisition Act, for acquisition of 781 Canals and 3 Marla's of land for the construction of residential accommodation for Central Government Employees at Lahore. By three subsequent notifications dated 1-6-1980, 25-7-1981 and 16-8-1981 certain areas were excluded and certain others were included in the land sought to be acquired. However, no further progress was made till 6-4-1983 when the Commissioner issued another notification under section 17(4), Land Acquisition Act, directing that the provisions of section 5-A of the Act shall not apply to the acquisitions in question.
Still later on 6-4-1985 another notification was issued under sections 6 and 7 of the Act whereby the Executive Engineer was directed to take order for acquisition of the said land.
2. The contesting respondents whose land stood acquired challenged the acquisition proceedings on the ground that in accordance with Rule 7 of the Punjab Land Acquisition Rules, framed under the Land Acquisition Act, the acquisition proceedings were to be deemed to have come to an end as no notification under section 5, ibid, was issued within one year from the date of the publication of the notification under section 4. The High Court found merit in the contention of the contesting respondents and declared the proceedings taken after the expiry of one year to be void and without jurisdiction. The Federal Government seeks leave to appeal from the order of the High Court.
3. The contention on behalf of the Federal Government is that the Punjab Land Acquisition Rules were inapplicable here as those came into force subsequent to the notification issued under section 17-A, Land Acquisition Act, by the Commissioner.
4. After hearing the learned counsel for the petitioners we do not think that these are fit cases for interference by this Court. Even though the first notification of acquisition was issued in 1979 yet the proceedings for determination of the compensations payable to the contesting respondents had not been finalised till they filed writ petitions in the High Court in 1986. During this period the price of the land has escalated manifolds. If the acquisition proceedings are allowed to continue the compensation which the contesting respondents will receive can hardly bear any proportion to the market value of their land on the day they approached the High Court. We cannot be a party to this manifest injustice. Apart from that the order of the High Court is in accordance with the instructions of the Provincial Government as embodied in its memorandum of 15-6-1968 which has been quoted in the impugned judgment. In the circumstances, leave to appeal is refused.
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