| Case ID |
397dd426-a9da-45b1-be9f-8f24aa949470 |
| Body |
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| Case Number |
Civil Revision No.65 of 2007 |
| Decision Date |
Nov 04, 2013 |
| Hearing Date |
|
| Decision |
The Peshawar High Court dismissed the civil revision petition challenging the validity of the land acquisition award. The court upheld the findings of the lower courts, stating that the acquisition was conducted under the Khyber Pakhtunkhwa Urban Planning Ordinance, 1978. The petitioners failed to object during the acquisition process and received compensation without protest. The court emphasized that the special procedures outlined in the Ordinance should be followed in cases of land acquisition, and the petitioners could not raise new pleas at the revisional stage. Thus, the revision was dismissed with no order as to costs. |
| Summary |
This case revolves around a civil revision petition filed by Zahid Raza Khan against the Provincial Government regarding the acquisition of land under the Khyber Pakhtunkhwa Urban Planning Ordinance, 1978. The petitioners contended that the award was fraudulent and illegal, yet the courts found that all legal processes were followed. The case highlights the importance of adhering to special legislative procedures in land acquisition cases, reinforcing that petitioners must raise objections during the acquisition process to preserve their rights. The decision underscores the exclusive jurisdiction of special tribunals over civil courts in such matters, establishing a precedent for future land acquisition disputes. Keywords include land acquisition, Khyber Pakhtunkhwa Urban Planning Ordinance, civil revision, and procedural law. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
IKRAMULLAH KHAN, J
|
| Lawyers |
Mian Muhammad Younas Shah,
Sabah -ud-Din Khattak
|
| Petitioners |
ZAHID RAZA KHAN
|
| Respondents |
PROVINCIAL GOVERNMENT N.W.F.P. through Collector Land Acquisition Provincial Urban Development Board, Peshawar and 3 others
|
| Citations |
2015 SLD 1459 = 2015 CLC 699
|
| Other Citations |
Khan and others v. Province of Punjab and others 2005 SCMR 1135,
Said Umar Shah v. Hasham and others PLD 1978 Pesh. 3,
Zahurul Haq v. Republic of Pakistan PLD 1960 SC 113,
Moulvi Muhammad Azeem v. Alhaj Mehmood Khan Bangash and another 2010 SCMR 817
|
| Laws Involved |
Khyber Pakhtunkhwa Urban Planning Ordinance, 1978,
Specific Relief Act, 1877,
Civil Procedure Code, 1908
|
| Sections |
52,
49,
3,
55,
60,
42,
8,
9
|