| Case ID |
2ec26a92-3204-401e-b3b3-efe4d247ee82 |
| Body |
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| Case Number |
Civil Appeals Nos. 34 and 35 of 19 |
| Decision Date |
Oct 26, 1999 |
| Hearing Date |
|
| Decision |
The Supreme Court of AJ&K accepted both appeals, set aside the impugned judgment of the High Court, and remanded the case with the direction to re-hear the arguments after giving notice to the parties. The court found that the appeals were properly constituted as they were accompanied by a copy of the award made by the District Judge, which is deemed a decree under section 26(2) of the Land Acquisition Act. The High Court’s dismissal of the appeals for non-filing of the decree-sheet was not sustainable, and the points raised by the appellants needed due consideration. The judgment emphasized the importance of following proper procedures in land acquisition cases, ensuring that appellants have the opportunity to present their arguments effectively. |
| Summary |
In the case of Military Estate Officer, Hazara Circle, Government of Pakistan, Abbottabad vs. Muhammad Bashir and 6 others, the Supreme Court of AJ&K addressed procedural issues concerning land acquisition appeals. The appeals arose from a High Court decision that dismissed them for allegedly failing to file a copy of the District Judge's decree. The Supreme Court clarified that under the Land Acquisition Act, specifically section 26(2), an award made by the District Judge is deemed a decree, thus negating the need for a formal decree-sheet. The court highlighted the importance of ensuring that legal procedures are followed to protect the rights of appellants in land acquisition matters. The decision underscored the necessity of hearing all arguments presented by both parties, thereby emphasizing fair judicial processes in land disputes. This case serves as a significant reference for future land acquisition cases, illustrating the court's commitment to upholding the law and ensuring justice for all parties involved. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Government of Pakistan,
|
| Judges |
Sardar Said Muhammad Khan, Chief Justice,
Muhammad Yunus Surakhvi, Justice
|
| Lawyers |
Mr. Riaz Tabassum,
Ch. Liaquat Ali Khan
|
| Petitioners |
,
Muhammad Bashir
|
| Respondents |
,
Military Estate Officer, Hazara Circle, Government of Pakistan, Abbottabad
|
| Citations |
2000 SLD 2224,
2000 PLD 34
|
| Other Citations |
Narsingh v. Secretary of State AIR 1928 Lah. 263,
Nur Din v. Secretary of State AIR 1927 Lah. 49,
M. Dodla Malliah and others v. The State of Andh. Pra. AIR 1964 Andh. Pra. 216,
Dilawar Hussain v. The Province of Sind PLD 1953 Kar. 578
|
| Laws Involved |
Land Acquisition Act, 1894
|
| Sections |
26(2),
53
|