| Case ID |
05bbbc50-cd95-4512-89e9-42f92ffd06e3 |
| Body |
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| Case Number |
F.A.O. No. 5549 of 2023 |
| Decision Date |
Feb 13, 2024 |
| Hearing Date |
Feb 13, 2024 |
| Decision |
The Lahore High Court accepted the appeal, setting aside the ex-parte decree and the impugned order. The court found that the trial court had resorted to substituted service without verifying all other means of service had failed. The appellants were deprived of their right to a fair hearing, which is a violation of due process. The court directed the trial court to proceed with the reference after obtaining a reply from the appellants and to conclude the proceedings within three months. This decision underscores the importance of following proper legal procedures to ensure that all parties have the opportunity to defend their case. |
| Summary |
In the case of F.A.O. No. 5549 of 2023, the Lahore High Court dealt with significant issues surrounding land acquisition and procedural fairness. The case arose from a notification issued under the Land Acquisition Act for the construction of the Habibabad Flyover Bridge. The respondents were dissatisfied with the compensation awarded and filed a reference challenging the award. The trial court's reliance on substituted service was found to be improper as it failed to exhaust all reasonable means of service, leading to ex-parte proceedings against the appellants. The court emphasized the necessity of adhering to legal protocols to safeguard the rights of all parties involved in litigation. This case highlights key aspects of the Civil Procedure Code and the importance of fair trial rights, making it a crucial reference for future cases involving procedural irregularities in land acquisition disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
NATIONAL HIGHWAY AUTHORITY
|
| Judges |
Shahid Bilal Hassan, J.
|
| Lawyers |
Azmat Hayat Khan Lodhi,
Hafiz Sohaib Raza,
Muhammad Ali, D.D. Legal NHA,
Hafiz Shaukat Ali Wains
|
| Petitioners |
CHAIRMAN, NATIONAL HIGHWAY AUTHORITY through G.M. and another
|
| Respondents |
ABDUL HAMEED and another
|
| Citations |
2024 SLD 4524,
2024 PLJ 174
|
| Other Citations |
2001 SCMR 99,
1996 SCMR 1703
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Land Acquisition Act, 1894
|
| Sections |
20,
13,
4,
18
|