| Case ID |
1e58e2c7-837c-4705-bf9a-06343de92279 |
| Body |
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| Case Number |
Civil Appeals Nos.906 to 908 of 1994 |
| Decision Date |
Jun 18, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan set aside the orders of the executing Court and the High Court, thereby allowing the appeals. However, no order was made regarding the costs. This decision ensures that the benefits of compensation enhancements apply to all affectees of the land acquisition, not just those who were individually part of the proceedings. The court emphasized the applicability of the Civil Procedure Code to the Land Acquisition Act, ensuring that representative applications under Order I, Rule 8, C.P.C. are valid and enforceable. This ruling rectifies previous oversights where not all affected landowners were granted compensation benefits, thereby reinforcing the principles of equitable treatment and legal consistency in land acquisition cases. |
| Summary |
The Supreme Court of Pakistan, in the landmark case cited as 1998 SLD 858 and 1998 SCMR 2197, deliberated on the complexities surrounding land acquisition under the Land Acquisition Act, 1894. This case, arising from Civil Appeals Nos.906 to 908 of 1994, primarily addressed the procedural and substantive aspects of compensation for affected landowners in the N.W.F.P. region. The appellants, led by Muhammad Sarwar Khan, challenged the compensation mechanisms and procedural validity under sections 18 and 53 of the Land Acquisition Act, invoking the Civil Procedure Code, 1908, specifically Order I, Rule 8, to represent a collective of 1070 affectees. The Supreme Court, presided over by Judges Saiduzzaman Siddiqui, Raja Afrasiab Khan, and Wajihuddin Ahmed, emphasized the imperative of applying the Code of Civil Procedure to ensure equitable compensation distribution. The court's decision underscored the importance of representative capacity in legal proceedings, ensuring that all affected parties benefit from compensation enhancements, thereby promoting fairness and legal integrity in land acquisition disputes. This ruling not only rectified previous judicial oversights but also set a precedent for future land acquisition cases, highlighting the necessity of comprehensive legal frameworks and the role of the judiciary in safeguarding citizens' rights. Additionally, the case referenced Province of Punjab v. Abdul Majeed, 1997 SCMR 1692, reinforcing the applicability of appellate revision principles to non-appealing landowners. The involvement of distinguished legal representatives, including Qazi Abdur Rashid and Moulvi Anwarul Haq, underscored the case's significance in shaping land acquisition jurisprudence in Pakistan. By addressing both procedural correctness and substantive justice, the Supreme Court's decision serves as a cornerstone for land acquisition laws, ensuring that compensation processes are both transparent and inclusive. This case is pivotal for legal practitioners, landowners, and governmental bodies involved in land acquisition, providing a clear legal roadmap for addressing compensation disputes and reinforcing the rule of law in property rights matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Pakistan,
Muhammad Sarwar Khan
|
| Judges |
Saiduzzaman Siddiqui,
Raja Afrasiab Khan,
Wajihuddin Ahmed
|
| Lawyers |
Qazi Abdur Rashid,
Ejaz Muhammad Khan,
Moulvi Anwarul Haq,
Ch. Akhtar Ali
|
| Petitioners |
Others,
Muhammad Sarwar Khan
|
| Respondents |
Others,
Government of Pakistan
|
| Citations |
1998 SLD 858,
1998 SCMR 2197
|
| Other Citations |
Province of Punjab v. Abdul Majeed 1997 SCMR 1692
|
| Laws Involved |
Land Acquisition Act, 1894,
Civil Procedure Code, 1908,
Constitution of Pakistan, 1973
|
| Sections |
18,
53,
Order I, Rule 8,
Order XLI, Rule 33,
Article 185(3)
|