LAHORE DEVELOPMENT AUTHORITY vs W.2. STUDIOS and others
This appeal challenged a judgment of the Lahore High Court, which had set aside land acquisition proceedings initiated by the Lahore Development Authority (LDA) due to the absence of a mandatory notice under Section 6(1) of the Punjab Acquisition of Land (Housing) Act, 1973. The core legal question concerned the validity of acquisition proceedings conducted without the requisite statutory notice. During the appellate proceedings, it was submitted that a fresh notice under Section 6(1) of the Punjab Acquisition of Land (Housing) Act, 1973 had been served upon the respondent, and the matter was currently pending before the Land Acquisition Collector. Consequently, the Supreme Court disposed of the appeal with directions for the Land Acquisition Collector to consider all objections filed by the respondent and the replies submitted by the LDA, along with any other available legal pleas. The Court mandated that the proceedings be concluded within three months from the receipt of the order, effectively rendering the original dispute moot by directing the parties to proceed through the newly initiated statutory process.
- Does the absence of a notice under Section 6(1) of the Punjab Acquisition of Land (Housing) Act, 1973 render land acquisition proceedings by the Lahore Development Authority without lawful authority?
- Can land acquisition proceedings be regularized by the service of a fresh notice under the Punjab Acquisition of Land (Housing) Act, 1973 after a court has set aside initial proceedings?
- Section 6(1), Punjab Acquisition of Land (Housing) Act, 1973
ORDER
1. ' AJMAL MIAN, C.J.,---This appeal, with leave of the Court is directed against the judgment dated 17- 1-1996 passed by the learned Division Bench of Lahore High Court, Lahore in I.C.A. No,118 of 1978 filed by respondent No,1, allowing the same by setting aside judgment dated 14-5-1978 of the learned Single Judge and by holding that in the absence of notice under section 6(1) of the Punjab Acquisition of Land (Housing) Act, 1973 (hereinafter referred to as the Act) subsequent proceedings of acquisition taken by the respondent i.e, Lahore Development Authority were without lawful authority and of no legal effect.
2. ' Ch. Khurshid Ahmad, learned Advocate Supreme Court for respondent No,1 has submitted that fresh notice under section 6(1) of the Act has been served on respondent No,1 on 31-4-1996 to which respondent No,1 has submitted reply on 7-5-1996 and now the matter is pending before Land Acquisition Collector of Lahore Development Authority.
3. ' The appeal is disposed of with the observation that the Land Acquisition Collector, L.D.A., will take into consideration all objections filed by the respondent No,1 and the replies thereto by the L.D.A.
4. And other legal pleas available to parties. The matter should be disposed of within three months from the date of receipt of this order. The appeal is disposed of in the above terms. 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.