| Case ID |
3d760f40-435a-4f32-9dcf-223182cfe559 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.21-R of 1987 |
| Decision Date |
Dec 05, 1988 |
| Hearing Date |
Dec 05, 1988 |
| Decision |
The Supreme Court dismissed the petitioners' application for leave to appeal, affirming the Lahore High Court's decision. The petitioners argued that they were discriminated against in the compensation scheme established by the Capital Development Authority (CDA) following the acquisition of their land. They contended that while they were entitled to either a residential plot or agricultural land in Punjab, subsequent affectees received both benefits. The Court found that the petitioners had received adequate compensation under the law and that the fundamental right against discrimination was not applicable in this context. The Court highlighted that the scheme was clearly defined and that no justiciable right had been violated. As a result, the leave to appeal was refused, and the petitioners were left without recourse to challenge the CDA's decision. |
| Summary |
The case revolves around the compensation rights of landowners affected by the Capital Development Authority's acquisition of land for the establishment of Islamabad. The petitioners argued that they faced discrimination as they were only offered one form of compensation, while others received multiple benefits. The Supreme Court examined the legal framework governing land acquisition and compensation, particularly focusing on the principles of equality and non-discrimination under the Constitution of Pakistan. The Court ultimately ruled against the petitioners, reinforcing the notion that the rights afforded to them under the previous schemes were adequate and that the claims of discrimination were unfounded. This case highlights significant legal principles regarding property rights, compensation mechanisms, and the interpretation of constitutional protections against discrimination. Keywords related to land acquisition, constitutional law, and property rights are crucial for understanding the implications of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Capital Development Authority
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFIUR RAHMAN,
JAVID IQBAL,
NAIMUDDIN, JJ
|
| Lawyers |
Maulvi Sirajul Haq, Advocate Supreme Court,
M. A. Siddiqi, Advocate-on-Record
|
| Petitioners |
others,
KHAN MUHAMMAD
|
| Respondents |
others,
CAPITAL DEVELOPMENT AUTHORITY, ISLAMABAD
|
| Citations |
1989 SLD 685,
1989 SCMR 656,
1989 SLD 1241
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
25,
185(3)
|