Acquired Land

  1. Held: if the land of a citizen is acquired for the public purpose and the same is not utilized for that purpose, the said land can be utilized for any other purpose. Further held: if the acquired land as a whole or any portion of it remained unutilized, the same shall be reverted to its original owners.  AJK Govt. v. Mohi-ud-Din Islamic University & other 2014 SCR 382 (K) 2012 SCR 367 rel.
  2. Lease of or use for other purpose — Held: the acquired land cannot be leased for private purpose or for usage of any individual in preference over the public purpose. Rehmatullah Khan & 3 others v. Azad Govt. & 13 others 2014 SCR 1385 (B)
  3. The acquired land can be utilized only for the public purpose, it was acquired or for any other public purpose — cannot utilized for individual purpose. Rehmatullah Khan & 3 others v. Azad Govt. & 13 others 2014 SCR 1385 (G) 2012 SCR 367 rel.
  4. Public purpose or interest — determination of — according to scheme of law it falls within the domain of the Govt. to determine the question of public purpose and interest — private persons have got no legal preference over the public purpose or interest of the State Subjects. Rehmatullah Khan & 3 others v. Azad Govt. & 13 others 2014 SCR 1385 (J)
  5. If the land acquired for the public purpose is utilized accordingly and some land remains unutilized the same can be used for any other public purpose, however, such public purpose should be reflected from an approved scheme of the Government.  If the acquired land wholly or portion of if thereof remains unutilized, the same shall be reverted back to its original owner in due course of law. Shahid Sharif & & others v. AJ&K Govt. & 12 others 2015 SCR 1023 (B)
  6. — its utilization for any other purpose—if acquired land  remains surplus after its utilization for public purpose, the Govt. is at liberty to utilize it for any other public purpose proved from some officially approved scheme. Usman Ali Khizer & others  v. WAPDA & others 2017 SCR 1  (A)  PLD 1993 SC 455 & 2013 SCR 461 ref.
  7. —writ— land acquired for public purpose—vests in President—if left un-utilized—can be transferred—only following the prescribed legal manner—It is settled law that the property acquired for the public purpose vests in the President of Azad Jammu and Kashmir and the same cannot be transferred without following the prescribed legal manner and mode to any other person, whereas in the instant case no such document is available on record to show that the land in dispute was duly transferred to the MDA. Ch.Nazar Hussain & others v. Muhammad Ayub & others 2017 SCR 1360 (A)
  8. —writ—utilization of acquired land—for purpose it was acquired—if left un-utilized— for the purpose it was acquired—the same can be used for other public purpose—only if such other purpose is reflected from the approved scheme of the Government—This court has time and again held that if the land acquired for the public purpose is utilized accordingly and some land remains unutilized the same can be used for any other public purpose, however, such public purpose should be reflected from an approved scheme of the Government, whereas, the respondents failed to substantiate any such approved scheme. Ch.Nazar Hussain & others v. Muhammad Ayub & others 2017 SCR 1360 (B)
  9. —writ—acquired land—if wholly or its portion remains un-utilized—may be utilized for other public purpose —or reverted back to its original owner—in due course of law—It may also be observed here that under law if the acquired land wholly or a portion of it remains unutilized; the same may be utilized for any other public purpose or the same shall be reverted back to its original owner in due course of law. Ch.Nazar Hussain & others v. Muhammad Ayub & others 2017 SCR 1360 (C)  2014 SCR 382 rel.
  10. —writ—acquired land for WAPDA—transferred to MDA without following prescribed legal manner—plots made upon that land—and allotments made in favour of  the private respondents—such transfer of acquired land to MDA declared illegal—allottees of the plots to be compensated—MDA was directed to adjust such effected allottees within three months. In the best interest of justice, we also deem it proper to direct the MDA to adjust such legal allottees who have been affected by the notification dated 13.09.2012, within a period of three months positively form the communication of the order of this Court and submit the report before this Court through Addl. Registrar Branch Registry Mirpur.  Ch.Nazar Hussain & others v. Muhammad Ayub & others 2017 SCR 1360 (D)
  11. — Appellant nowhere challenged the notification of her retirement from service– after accepting the same she is not entitled to claim further benefit to which the civil servants are entitled during regular service period. Prof. Anjum Afshan Naqvi v. Controlling Authority (BISE) &  2022 SCR 445 (F)
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