PESHAWAR: The Peshawar High Court has actually declared illegal an order of Nowshera’s district collection agency (deputy commissioner) to de-notify an award introduced around two decades ago for getting 3,413 acres of land in Nowshera area for establishing an artillery range.
A bench including Justice Roohul Amin Khan as well as Justice Mohammad Nasir Mahfooz accepted five requests filed by a number of Nowshera residents against the Oct 7, 2019, de-notification by the district collector under Section 48 of the Land Acquisition Act.
It ordered the land getting department i.e. Armed forces Estate Office, Peshawar, to pay compensation to the landowners as fixed by the High court in its Feb 15, 2018, judgment.
In the in-depth judgment, the bench ruled that the stipulations of Area 48 of the Land Acquisition Act was mistakenly conjured up by the area enthusiast as well as the impugned de-notification was released without eminent domain.
Orders payment of compensation to landowners as taken care of by SC
It included that the impugned de-notification had no lawful support except that the land obtaining division is not able to pay payment to the landowners due to financial crisis.
Legal Representatives Yasir Khattak as well as Gulzar Ahmad Khan stood for the petitioners and also said the support ministry had actually acquired land measuring around 18,680 acres in 12 locations of Nowshera for the objective of developing the Weapons Range/AFV Array with 12 different awards on Apr 21, 1999.
They claimed the landowners from 7 locations, including Nowshera Khurd, Manki Sharif, Pirpai, Spen Kare, Azakhel Payan, Amangarh and Badrashi, filed recommendation petitions under the Land Purchase Show the umpire court, which bought an increase in the compensation amount for the acquired land.
The guidance claimed the events filed allures with the high court, which dismissed the appeals of the acquiring division as well as accepted the petitioners’ on June 18, 2015, bring about an increase in the compensation total up to Rs12,000 per marla in addition to six per cent easy passion and 25 percent required purchase costs.
They claimed the getting departments submitted appeals with the High court, which dismissed them on Feb 15, 2018, while reducing the mandatory procurement charges to 15 per cent.
The attorneys said for the implementation of decree in their favour, the landowners submitted implementation request with the Nowshera area judge but, in the meantime, the area collector issued the impugned de-notification.
In the de-notification, the DC had mentioned that the obtaining department had actually communicated that the federal government (ministry of money) had regretted to provide funds for paying settlement and asked for de-notification and surrendering of the land to owners in 7 locations.
The judgment authored by Justice Roohul Amin Khan read that the stipulations of Section 48 of the Land Purchase Act were intended to vest powers in the land purchase enthusiast to withdraw from acquisition of the land of which ownership had not yet been taken.
It included that after occupying, the land acquisition collector really did not have mandate in the matter of purchase and also any type of action taken afterwards would certainly total up to departure and deviation from the scheme of the Act.
“Bare reading of Area 48 of the Act will certainly make it generously clear that the Land Procurement Collection agency has no authority and also power to withdraw from acquisition after seizing the land. Simply put, the powers given to the Land Acquisition Collector under Area 48 of the Act will come to an end on taking possession of the land,” it reviewed.
The bench observed that there was no cavil to the truth that possession of land remained with the respondents to start with on lease since 1955 as well as second of all as a result of the award announced in 1999.