Land Acquisition proceedings

Land being left un-cultivated — De-awarding — Locus standi — Provision of law — Analogy — When the land of an owner is acquired for a public purpose and after fulfilling the said public purpose, some land is left unutilized, the Government is at liberty to utilize it for another public purpose and if the other public purpose is not proved from any scheme approved by the Government then the land is to be de-awarded in favour of the original owner or his legal heirs — Only a land owner from whom the land was acquired or his legal heirs have a right to apply for de-awarding the land after fulfilling the purpose for which it was acquired, some land is left unutilized — No other person can apply for de-awarding the same — If an acquired land is de-awarded in an illegal manner while ignoring the public purpose, it is an ill-gotten gain, which cannot be encouraged. [If some land acquired for a public purpose is left un-utilized, Government has to use the same for any other public purpose, otherwise, the said land is to be de-awarded in favour of the original owner or his legal heirs. Supreme Court dismissed appeal]. Sajida Maqsood v. Azad Govt. and others 2013 SCR (SC AJ&K) 461
—land acquisition—satisfaction of decree—provision of funds—to be made by acquiring agency or the Government—acquiring agency to take necessary measure—the High Court has also observed that the land-owners may apply to the executing Court for executing of the decree against the Government. The proposition which has been raised by the Development Authority in the appeals, is basically of administrative nature to be mutually resolved by the Development Authority and the Government. According to law the Development Authority has to act on its part and take necessary measures for preparation and approval of required budget. Development Authority v. Syed Mazhar-ul-Hassan Gillani 2017 SCR 276 (D)