| Case ID |
0f92bc20-06f8-494a-9a41-1b80b09cf2ea |
| Body |
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| Case Number |
R.F.A. No. 11 of 1968 |
| Decision Date |
Jun 16, 1981 |
| Hearing Date |
Jun 16, 1981 |
| Decision |
The appeal was dismissed, affirming the Peshawar High Court's decision that the reference made by the Collector under section 18 of the Land Acquisition Act was valid despite the objection regarding the timeliness of the application. The Supreme Court held that once a reference is made, the jurisdiction of the designated Court cannot be questioned based on the timing of the original objection. The Court emphasized that the jurisdiction of the designated Court is limited to the matters referred to it by the Collector, and it cannot go behind the reference to validate or invalidate it based on procedural objections. The decision clarified the scope and extent of the Court's jurisdiction under the Land Acquisition Act, establishing that the procedural limits set by the Act must be adhered to for the designated Court to exercise its jurisdiction effectively. |
| Summary |
This case involves a significant interpretation of the Land Acquisition Act, 1894, specifically focusing on the jurisdiction of the courts in matters of land acquisition and compensation. The Supreme Court of Pakistan addressed the limitations of the designated Court's powers regarding references made under the Act. The ruling clarified that once a reference is made by the Collector, the designated Court cannot question the validity of that reference based on the timeliness of the objection. This decision is crucial for understanding how procedural rules affect the rights of landowners and the authority of the courts in land acquisition cases. The case emphasizes the importance of adhering to statutory provisions and the implications of administrative decisions in the land acquisition process. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, ACTG. C.J.,
ABDUL KADIR SHEIKH,
SHAH NAWAZ KHAN
|
| Lawyers |
Inayat Elahi, Advocate-General N: W. F. P. (Peshawar),
Amirzada Khan, Advocate-on-Record for Appellant,
M: Tariq Khan, Advocate-on-Record for Respondents
|
| Petitioners |
GOVERNMENT OF WEST PAKISTAN (Now GOVERNMENT OF N.W. F. P.) THROUGH COLLECTOR, PESHAWAR
|
| Respondents |
OTHERS,
Arbab Haji AIMED ALI JAN
|
| Citations |
1981 SLD 1322,
1981 PLD 516
|
| Other Citations |
State v. Zia-ur-Rehman P L D 1973 S C 49,
Drew and another v. Willis (1891) 1 Q B 4507,
Lala Prayag Lai and others v. Jai Narayan Singh and another I L R 22 Cal. 419,
Abdul Sattar and another v. Mst. Hamida Bibi P L D 1950 Lah. 370,
Venkateswaraswami v. Sub-Collector, Bezwada A I R 1943 Mad. 327,
Khetsidas Gangaram v. First Land Acquisition Collector A I R 1945 Cal. 508,
Mahadeo Krishna Parkar v. Mamlatadar of Alibag A I R 1944 Bom. 200,
A. K. Subramania Chattiar v. Collector of Coimbatore A I R 1946 Mad. 184,
S. Attar Singh R. S. Sardar Hira Singh v. Secretary of State A I R 1940 Pesh. 35,
Fazal Karim and others v. The Secretary of State for India A I R 1934 Lah. 589(2),
Bashir Ahmad and others v. The Collector, Multan P L D 1962 Lah. 292,
K. A. Marker, Director, A. D. Marker & Sons v. WAPDA P L D 1979 Quetta 20
|
| Laws Involved |
Land Acquisition Act
|
| Sections |
18,
19,
20
|