| Case ID |
0a6ca34e-40ef-4d27-9c0f-0b86758bb7ae |
| Body |
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| Case Number |
Civil Misc. Application No. 586-L of 2003 with Civ |
| Decision Date |
May 28, 2004 |
| Hearing Date |
Mar 18, 2004 |
| Decision |
The Supreme Court of Pakistan ruled that the petitioners, Faisalabad Development Authority and Municipal Corporation Faisalabad, are entitled to appeal against the decision of the Lahore High Court which had previously granted the respondents, Raja Jahangir Nasir and others, the transfer of land during acquisition proceedings. The court held that the application under Section 12(2) of the Civil Procedure Code was valid and based on misrepresentation, allowing for the recall of the prior judgment. The court emphasized that compensation for land acquisition must be monetary and not in the form of alternative land, affirming the legal provisions governing land acquisition and the rights of persons interested in such land. The petitioners were granted leave to appeal, and the previous judgments were set aside on merits. |
| Summary |
In this landmark case, the Supreme Court of Pakistan addressed significant issues regarding land acquisition and compensation. The case involved the Faisalabad Development Authority and Municipal Corporation Faisalabad appealing against a Lahore High Court ruling that favored Raja Jahangir Nasir and others regarding the transfer of land acquired for public purposes. The Supreme Court clarified the legal framework under the Civil Procedure Code and the Land Acquisition Act, emphasizing that compensation for land acquired under these laws must be monetary, not in the form of alternative land. The court's decision underscored the importance of adhering to legal procedures and protecting the interests of all parties involved in land acquisition cases. This case serves as a critical reference for future land acquisition disputes, reinforcing the necessity for transparency and fairness in the process. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Faisalabad Development Authority,
Municipal Corporation Faisalabad
|
| Judges |
Iftikhar Muhammad Chaudhry,
Rana Bhagwandas,
Sardar Muhammad Raza Khan
|
| Lawyers |
Mr. Ali Akbar Qureshi,
Ch. Mushtaq Ahmed Khan,
Mr. M.S. Khattak,
Ms. Afshan Ghazanfar,
Mr. Malik Saced Hassan,
Ch. All Muhammad,
Raja Muhammad Akram,
Mr. AH Akhtar Qurcslii,
Syed Shamim Abbas Bukhari
|
| Petitioners |
Faisalabad Development Authority,
Municipal Corporation Faisalabad
|
| Respondents |
Raja Jahangir Nasir
|
| Citations |
2004 SLD 3260,
2004 PLJ 830
|
| Other Citations |
2000 SCMR 900,
PLD 2003 Journal 95,
PLD 2003 SC 6,
PLD 1960 (W.P.) Lah. 450,
ILR 1901 All. AWN 1902, 9,
AIR 1929 Lah. 736
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973,
Land Acquisition Act, 1894
|
| Sections |
12(2),
185(3),
31(3),
32,
3(b)
|