| Case ID |
39a14696-4cd4-40ba-8949-8863531d6a6f |
| Body |
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| Case Number |
Regular Second Appeal No. 83 of 1993 |
| Decision Date |
Dec 19, 1993 |
| Hearing Date |
Dec 19, 1993 |
| Decision |
The appeal was accepted, and the judgment and decree dated 16-2-1993 passed by the trial court was set aside. The case was remanded for decision on merits regarding the recovery of possession and compensation for the use and occupation of the land. The court determined that the previous notification under section 4 of the Land Acquisition Act had lapsed, and the plaintiffs retained ownership rights over the land. The trial court's conclusions that the Civil Court lacked jurisdiction were found to be erroneous. The case highlighted the importance of following due process in land acquisition and the need for formal procedures to establish ownership rights. |
| Summary |
In this landmark decision by the Lahore High Court concerning land acquisition under the Land Acquisition Act of 1894, the appeal revolved around the issues of ownership rights and jurisdiction of civil courts in acquisition proceedings. The appellants, Syed Qaiser Hussain and others, contested the Municipal Corporation's claim over land acquired through a notification issued in 1979. The court ruled that the mere issuance of notification under section 4 did not complete the acquisition process, as no further steps were taken, including the crucial award by the Collector. The judgment emphasized that the plaintiffs retained their ownership rights until formal possession was taken. This case serves as a significant reference for similar disputes regarding land acquisition, underscoring the importance of procedural compliance in property rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Municipal Corporation
|
| Judges |
MUNIRA. SHAIKH,
TANVIR AHMED KHAN
|
| Lawyers |
Inayat Hussain Chaudhry,
Syed Fayyaz Hussain Kadri
|
| Petitioners |
Syed QAISER HUSSAIN
|
| Respondents |
L.M.C.
|
| Citations |
1994 SLD 337 = 1994 CLC 1471
|
| Other Citations |
Not available
|
| Laws Involved |
Land Acquisition Act
|
| Sections |
4,
17,
18
|