| Case ID |
3091c6a2-6f6f-4a01-af2b-d63cf96d8b01 |
| Body |
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| Case Number |
Writ Petition No.1015-M of 2021 |
| Decision Date |
May 18, 2022 |
| Hearing Date |
May 18, 2022 |
| Decision |
The Peshawar High Court dismissed the constitutional petition filed by Dr. Amjad Ali against the acquisition of agricultural land for the purpose of establishing a municipal graveyard. The court found that the petitioners failed to establish any violation of the Land Acquisition Act, 1894, or infringement of their fundamental rights. The authorities had validly acquired land after considering the public purpose, and the process was completed without any grievances being raised by the petitioners or the local residents prior to the issuance of the award. The court concluded that the petition lacked merit and declined to interfere with the acquisition process. |
| Summary |
In the case of Writ Petition No.1015-M of 2021, decided on May 18, 2022, Dr. Amjad Ali challenged the acquisition of land by the Government of Khyber Pakhtunkhwa for a municipal graveyard in Sambat, Tehsil Matta, District Swat. The petitioner argued that barren land should have been acquired instead of agricultural land. However, the court found that the land acquisition process was conducted in accordance with the Land Acquisition Act, 1894. The court noted that the petitioners did not approach the authorities for redressal of their grievances before filing the petition, which weakened their case. Ultimately, the court dismissed the petition, ruling that the acquisition was lawful and served a public purpose. This case highlights key issues in land acquisition law and the importance of following proper procedures in such matters. |
| Court |
Peshawar High Court, Mingora Bench
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Naeem Anwar,
Muhammad Ijaz Khan
|
| Lawyers |
Muhammad Rahim Shah,
Malak Sarwar,
Razauddin Khan,
Faisal Khan
|
| Petitioners |
Dr. AMJAD ALI
|
| Respondents |
GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary and others
|
| Citations |
2023 SLD 731 = 2023 SLD 1450
|
| Other Citations |
Not available
|
| Laws Involved |
Land Acquisition Act, 1894
|
| Sections |
4
|