| Case ID |
1f3626c2-cbd1-44e0-8d78-f3cf827b2d82 |
| Body |
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| Case Number |
Civil Appeals Nos. 19 and 20 of 2009 |
| Decision Date |
Apr 13, 2015 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeals filed by WAPDA and remanded the case back to the Lahore High Court for fresh hearing. The court found that the High Court had erred in dismissing the appeals on the basis that the beneficiaries of the acquisition were not necessary parties. The court emphasized that the provisions of the Land Acquisition Act barring the right of appeal to the Government or beneficiaries had been declared repugnant to Islamic injunctions. Therefore, the case was sent back to ensure that all concerned parties were given a proper opportunity to present their cases, promoting justice and fairness in accordance with the law. |
| Summary |
This case concerns the appeals filed by WAPDA regarding the acquisition of land under the Land Acquisition Act, 1894. The Supreme Court found that the dismissal of previous appeals by the Lahore High Court was incorrect as it ignored the established right of beneficiaries to appeal, which had been declared necessary by the Shariat Appellate Court. The case highlights issues of land acquisition, the rights of beneficiaries, and the need for adherence to legal principles as enshrined in the Constitution of Pakistan. The court's decision underscores the importance of ensuring that all parties have the opportunity to be heard, thereby reinforcing the rule of law and justice. This case is significant for understanding how laws interact with constitutional rights and Islamic injunctions, and it sets a precedent for future cases involving land acquisition and beneficiaries' rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore High Court,
Province of Punjab,
WAPDA
|
| Judges |
ANWAR ZAHEER JAMALI,
DOST MUHAMMAD KHAN,
UMAR ATA BANDIAL
|
| Lawyers |
Sardar Muhammad Aslam, Advocate Supreme Court,
Muhammad Asif Chaudhary, Advocate Supreme Court
|
| Petitioners |
WAPDA,
Federal Government
|
| Respondents |
BASHIR HUSSAIN SHAH,
Respondents Nos. 1-3, 5 and 6,
Respondents Nos. 16, 20-22
|
| Citations |
2015 SLD 2443,
2015 PLD 344
|
| Other Citations |
Land Acquisition Collector v. Muhammad Nawaz PLD 2010 SC 745,
BP Pakistan Exploration and Production v. Sher Ali Khawaja PLD 2008 SC 400
|
| Laws Involved |
Land Acquisition Act, 1894,
Constitution of Pakistan
|
| Sections |
18(3),
18(4),
22-A,
50(2),
54,
203-D(3)(b)
|