| Case ID |
137270ea-456d-4450-8a18-39962874b42e |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 64- |
| Decision Date |
Dec 22, 1973 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for special leave to appeal, concluding that the objection raised by the petitioner was procedural and did not affect the merits of the case. The court affirmed the High Court's decision that the government was within its rights to withdraw from the land acquisition proceedings as the petitioner had not proven possession of the land. The matter was remitted to the Acquisition Collector to determine any compensation due. The petitioner's counsel's arguments regarding remitting the case to the Additional District Judge were also rejected as the factual findings were already established. |
| Summary |
In the case of Mian Khadim Shah vs. Government of West Pakistan, the Supreme Court of Pakistan dealt with issues surrounding land acquisition and procedural objections. The petitioner, Mian Khadim Shah, contested the government's withdrawal from the acquisition of land that had not been delivered to him due to ongoing occupation by nomads. The court found the procedural objections raised by the petitioner to be irrelevant to the merits of the case, leading to the dismissal of the petition. The decision emphasized the importance of factual findings and procedural correctness in land acquisition cases, which are critical for maintaining the integrity of property rights and governmental authority in such matters. This case highlights the intersection of land acquisition laws and the rights of individuals, demonstrating the judiciary's role in upholding legal standards in Pakistan. Keywords such as 'land acquisition', 'property rights', 'Supreme Court Pakistan', 'legal proceedings', and 'government authority' are relevant for understanding the implications of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR REHMAN, C.J.,
MUHAMMAD GUL, J
|
| Lawyers |
Peer Bakhsh Khan, Advocate Supreme Court,
Muhammad Tariq Khan, Advocate-on-Record
|
| Petitioners |
Mian KHADIM SHAH
|
| Respondents |
GOVERNMENT OF WEST PAKISTAN AND OTHERS
|
| Citations |
1974 SLD 196,
1974 SCMR 354
|
| Other Citations |
Not available
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| Laws Involved |
Not available
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| Sections |
Not available
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