| Case ID |
09372978-c340-4a80-a02d-a48d3b197619 |
| Body |
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| Case Number |
Civil Appeal No. 276 of 1977 |
| Decision Date |
Jun 20, 1984 |
| Hearing Date |
Jun 20, 1984 |
| Decision |
The appeal was dismissed, holding that the notifications issued under sections 17 and 6 of the Land Acquisition Act were contrary to law, thus rendering the entire acquisition proceedings invalid. The court emphasized the necessity of compliance with the legal requirements before invoking the urgency provisions and issuing notifications for land acquisition. It was ruled that affected parties must be given the opportunity to object to the acquisition, and the lack of such opportunity invalidated the proceedings. |
| Summary |
In the case of Civil Appeal No. 276 of 1977, the Supreme Court of Pakistan addressed significant issues surrounding land acquisition under the Land Acquisition Act of 1894. The court examined whether the legal requirement to provide an opportunity for hearing to landowners was adhered to in the acquisition process initiated by the Co-operative Zenith Industries Ltd. The court found that the notifications issued for land acquisition were flawed due to the absence of prior government consent and an executed agreement with the company. As a result, the court ruled that the affected parties were denied their rights under section 5-A of the Act, which mandates a hearing for objections. This decision underscores the importance of following legal protocols in land acquisition cases, ensuring that the rights of landowners are protected. The ruling serves as a precedent for future cases involving land acquisition, emphasizing the need for compliance with all statutory requirements to avoid invalidation of acquisition proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of West Pakistan,
Co-operative Zenith Industries Ltd.
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFIUR RAHMAN,
S. A. NUSRAT,
ZAFFAR HUSSAIN MIRZA, J.
|
| Lawyers |
Muhammad Farooq, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record for Appellant,
Samad Mahmood, Advocate Supreme Court,
Imtiaz Muhammad Khan, Advocate-on-Record for respondents Nos. 1 and 2
|
| Petitioners |
THE CO-OPERATIVE ZENITH INDUSTRIES LTD., D. G.KHAN
|
| Respondents |
others,
Mst. QAYYUMAN
|
| Citations |
1984 SLD 816,
1984 SCMR 1196
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Land Acquisition Act (I of 1894)
|
| Sections |
Art. 185 (3),
S. 40,
S. 17,
S. 5-A,
S. 6,
S. 41
|