| Case ID |
366a0419-5a1f-45ce-9e6a-61cbef43a3cd |
| Body |
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| Case Number |
Civil Appeal No. 5 of 1971 |
| Decision Date |
May 04, 1976 |
| Hearing Date |
May 04, 1970 |
| Decision |
The Supreme Court allowed the appeal, setting aside the order of the High Court which declared the award as without lawful authority. The Court confirmed that the award remains valid while also acknowledging that the objections raised by the respondents had been disposed of by the tribunal. The decision emphasized that the objections to the award were referred to the tribunal with the consent of both parties, leading to a resolution of the matter. The Court clarified that the award continues to be effective and no costs were ordered in this case due to the circumstances surrounding the appeal. |
| Summary |
In the landmark case of The Lahore Improvement Trust vs. Col. Bashir Hussain, the Supreme Court of Pakistan addressed critical issues surrounding land acquisition and the procedural requirements for making awards. The case arose from a dispute over the University Campus Scheme, published in the Gazette in 1954, and the subsequent award made by the Land Acquisition Collector in 1960. The respondents challenged the validity of the award, claiming they were not given proper notice as required by law. The High Court initially ruled in favor of the respondents, leading to an appeal by the Lahore Improvement Trust. The Supreme Court, after considering the arguments presented by both parties, emphasized the importance of procedural compliance in land acquisition cases. The Court noted that the objections raised by the respondents were subsequently referred to the tribunal and resolved on their merits, affirming the validity of the award. This case highlights the balance between administrative authority and the rights of landowners, serving as a precedent for future land acquisition disputes in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
THE LAHORE IMPROVEMENT TRUST, LAHORE,
COL. BASHIR HUSSAIN
|
| Judges |
MUHAMMAD YAQUB ALI, C.J.,
MUHAMMAD GUL,
MUHAMMAD AKRAM, JJ
|
| Lawyers |
Ghulam Mujtaba, Advocate-on-Record for Appellant,
Malik Muhammad Adam, Advocate instructed by M. A. Qadri, Advocate-on-Record for Respondents,
Salim Ahmad Malik, Advocate-on-Record for Respondents
|
| Petitioners |
THE LAHORE IMPROVEMENT TRUST, LAHORE THROUGH 1TS CHAIRMAN
|
| Respondents |
COL. BASHIR HUSSAIN AND OTHERS
|
| Citations |
1977 SLD 151,
1977 SCMR 239
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Punjab Town Improvement Act, 1922,
Land Acquisition Act
|
| Sections |
Art. 185(3),
11,
12,
18
|