| Case ID |
04f729a4-4419-4831-bf25-d975bf34724d |
| Body |
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| Case Number |
Regular First Appeal No.153 of 2016 |
| Decision Date |
Jan 14, 2020 |
| Hearing Date |
Jan 14, 2020 |
| Decision |
The appeal was allowed, and the impugned judgment was set aside. The matter was remanded to the Referee Court for a fresh decision. The Referee Court had failed to administer the oath to witnesses, leading to the inadmissibility of their statements. The right of cross-examination was also struck down improperly, which was not acceptable. The case involved the determination of compensation rates for land acquired for the Air Weapons Complex Wah Cantt, and the respondents were entitled to enhanced compensation rates as per the judgment. |
| Summary |
In the case of Regular First Appeal No.153 of 2016, the High Court addressed crucial issues surrounding land acquisition and the legal protocols that must be followed during witness examination. The primary focus was on the failure to administer oaths to witnesses, which rendered their statements inadmissible. The court emphasized the importance of the right to cross-examination, noting that any deviation could lead to injustice. The case revolved around compensation rates for land acquired for the Air Weapons Complex, highlighting the legal standards set by the Land Acquisition Act, 1894, and related laws. The decision underscored the necessity for courts to meticulously adhere to legal procedures to ensure fair adjudication in land acquisition disputes. The ruling serves as a significant precedent in the realm of administrative justice and land rights, reinforcing the importance of lawful conduct in judicial processes. |
| Court |
High Court
|
| Entities Involved |
Not available
|
| Judges |
MIRZA VIQAS RAUF, JUSTICE,
MUJAHID MUSTAQEEM AHMED, JUSTICE
|
| Lawyers |
Usman Jillani,
Hassan Raza Pasha
|
| Petitioners |
NATIONAL COMMAND AUTHORITY THROUGH D.G.SPD AND 2 OTHERS
|
| Respondents |
MISKEEN SHAH AND 7 OTHERS
|
| Citations |
2020 SLD 2591,
2020 CLC 2089
|
| Other Citations |
2011 YLR 1731,
1992 SCMR 408,
PLD 2018 Lah. 693,
2019 SCMR 1726,
1986 SCMR 1736
|
| Laws Involved |
Land Acquisition Act, 1894,
Oath Act, 1873,
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
18,
5,
133
|