| Case ID |
2e5336ed-7d27-4aa8-b2fa-6857a0fc0282 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.854-L of 199 |
| Decision Date |
Aug 05, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the decision of the Lahore High Court, which found that the acquisition of land without compensation was a violation of Articles 23 and 24 of the Constitution of Pakistan. The Court agreed that the order to provide alternative land to the petitioner was just and fair, emphasizing that the petitioner's right to compensation was paramount given the circumstances of the land acquisition. The petition for leave to appeal was dismissed, affirming the lower court's decision and maintaining the integrity of constitutional protections regarding property rights. |
| Summary |
In the case of Civil Petition for Leave to Appeal No.854-L of 1997, the Supreme Court of Pakistan dealt with a significant issue regarding land acquisition under the Land Acquisition Act (I of 1894). The petitioners, representing the Government of Punjab, challenged the Lahore High Court's order that mandated the provision of alternative land to Abdul Rehman Shaukat, the respondent, whose land was acquired without compensation. The Supreme Court, upholding the principles of justice, fairness, and constitutional rights under Articles 23 and 24 of the Constitution of Pakistan (1973), found that the High Court's order was appropriate and could not be interfered with. The decision reinforced the importance of compensation for landowners and the necessity of adhering to legal protocols during land acquisition processes. This case highlights the ongoing issues surrounding land rights, government authority, and individual entitlements, making it a relevant topic in discussions about property law and constitutional rights in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of the Punjab
|
| Judges |
RAJA AFRASIAB KHAN,
CH. MUHAMMAD ARIF
|
| Lawyers |
Muhammad Anwar Ghuman,
Rao Muhammad Yousuf Khan,
Muhammad Shehzad Shaukat,
Tanvir Ahmad
|
| Petitioners |
PROVINCE OF PUNJAB through Secretary Irrigation, Government of the Punjab, Lahore
|
| Respondents |
ABDUR REHMAN SHAUKAT
|
| Citations |
1999 SLD 542,
1999 SCMR 2610
|
| Other Citations |
Not available
|
| Laws Involved |
Land Acquisition Act (I of 1894),
Constitution of Pakistan (1973)
|
| Sections |
4,
23,
24,
185(3)
|