M/s. NORTHERN PUNJAB HOSIERY FACTORY, PESHAWAR ROAD, RAWALPINDI vs
This matter concerns a petition for leave to appeal before the Supreme Court of Pakistan regarding the legality of withdrawing a land acquisition order. The core legal question presented is whether, under the provisions of the Land Acquisition Act, an order acquiring land passed in 1954 could be lawfully withdrawn by the Commissioner in 1967, particularly in circumstances where the possession of the subject land had already been transferred to the petitioners in the interim period. The Court granted leave to appeal to examine the scope of the Commissioner's power to withdraw acquisition proceedings once possession has been handed over to the acquiring party. The judgment focuses on the interpretation of statutory limitations regarding the withdrawal of acquisition orders and the protection of rights once possession is transferred. By granting leave, the Court established that the interplay between the power of withdrawal and the finality of possession transfer requires a definitive judicial determination to resolve whether the state retains the authority to rescind such acquisitions after a significant lapse of time and change in possession status.
- Can an order acquiring land be withdrawn by the Commissioner after the possession of the acquired land has already been handed over to the petitioners?
- Does the power to withdraw land acquisition under Section 48 of the Land Acquisition Act 1894 persist after possession has been transferred?
- Section 48, Land Acquisition Act 1894
ORDER
1. SAIDUZZAMAN SIDDIQUI, J.---After hearing the learned counsel for the petitioners and the caveat or, leave is granted in the above case to consider, whether in view of section 48 of the Land Acquisition Act, the order acquiring the land, passed in the year 1954 could - be withdrawn by the Commissioner in 1967 when in the meantime, the possession of the acquired land was handed over to the petitioners?