1. ' The validity of the proceedings undertaken by the respondents for acquisition of the land measuring 8 Kanals 5 Marlas situate at Sargodha Mianwali Road belonging to the petitioners have been challenged by them by filing this constitutional petition on various grounds mentioned therein. The petition was admitted on 23rd of February, 1991 to consider the contention that as no further action was taken by the respondents after issuing notification under section 4 of the Land Acquisition Act 1984 within a period of one year and two months, the proceedings had elapsed in view of Rule 7 of the Punjab Land Acquisition Rules 1980.
2. 2.. The learned counsel appearing for the petitioners has reiterated the same arguments. The representatives of the respondent who had appeared were unable to say anything on the subject.
3. They were specifically asked if they wanted to engage a counsel but they showed their disinclination.
3. It is established on the record that the notification under section 4 of the Land Acquisition 1894 was issued on 20th August, 1988. No action pursuant thereto was taken by the respondents till 19th March, 1989 when a notification under section 17 (1) of the Land Acquisition Act 1894 and a declaration under section 6 of the Act was published. According to Rule 7 of the Punjab Land Acquisition Rules if no notification under section 5 is made within a period of one year from the issuance of notification under section 4 or if the Board of Revenue extend the period, within one year and two months from the issuance of that notification, the proceedings are deemed to have come to an end. It has been held by this Court in Nazarul Hussain v. The Collector, Lahore District.
4. Lahore and 5 others (P. L D 1991 Lah. 472) that on the expiry of stipulated period, no jurisdiction is vested in the authorities concerned to take any further proceedings and no action under section 17 can be taken thereafter. The cited precedent is in all fours with the present case.
5. As a result of what has been stated above this petition succeeds, the A proceedings for acquisition are declared to be without lawful authority and of no legal effect. There shall be no order as to costs.