| Case ID |
20a14f3a-c199-42f7-aad8-5d52e4bd3490 |
| Body |
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| Case Number |
Regular First Appeals Nos. 37 and 58 of 1970 |
| Decision Date |
Feb 06, 1991 |
| Hearing Date |
Feb 03, 1991 |
| Decision |
The Lahore High Court dismissed the appeal filed by the Multan Improvement Trust as it had no locus standi to file the appeal under Section 54 of the Land Acquisition Act. The court held that the Improvement Trust, feeling aggrieved by the award of the reference court, could have declined to acquire the land instead of filing an appeal. Furthermore, the court accepted the appeal of the owners regarding compensation, enhancing it from Rs.48,000 per acre to Rs.60,000 per acre, while also awarding a compulsory acquisition allowance of 15%. |
| Summary |
This case revolves around the appeals concerning land acquisition initiated by the Multan Improvement Trust under the Land Acquisition Act of 1894. The court examined the legality of the Improvement Trust's appeal, which was found to be incompetent as the Trust had no standing in the matter of the award from the reference court. The judgment emphasized the importance of proper assessment of compensation based on the market value of the land at the time of acquisition. The court also reiterated the principles governing the doctrine of eminent domain, where the government possesses the authority to take private property for public use. The decision ultimately enhanced the compensation awarded to the appellants and clarified the rights and obligations of the Improvement Trust in the acquisition process. |
| Court |
Lahore High Court
|
| Entities Involved |
Government of West Pakistan,
MULTAN IMPROVEMENT TRUST
|
| Judges |
MUNIR A. SHEIKH,
MIAN ALLAH NAWAZ
|
| Lawyers |
M.Z. Khan Burki,
Sh. Khurshid Ahmad,
Mian Noor Muhammad,
Syed Tassaduq Hussain Jillani A.A.G.
|
| Petitioners |
Comdr. FAIZ ELAHI,
Mahmood Illahi,
Capt. Mahboob Illahi,
Maqbool Illahi
|
| Respondents |
MULTAN IMPROVEMENT TRUST, MULTAN
|
| Citations |
1992 SLD 602 = 1992 CLC 267
|
| Other Citations |
M. Samiullah v. Collector of Aligarh A I R 1946 PC 75,
Pir Khan through his Legal Heirs v. Military Estate Officer, Abbottabad and others P L D 1987 SC 485,
Behram Khan and 54 Military State officers and 2 others 1988 S C M R 1160,
Pakistan Steel Mills Corporation Limited and others v. Deputy Commissioner (East), Karachi and others 1989 S C M R 812,
WAPDA v. Muhammad Farid and others 1990 S C M R 98
|
| Laws Involved |
Land Acquisition Act (I of 1894)
|
| Sections |
54,
18,
28,
34,
4,
23
|