| Case ID |
420ec97a-e9c9-46e0-9e9a-8cfbdafff20e |
| Body |
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| Case Number |
Land Acquisition Case No.5 of 1980 |
| Decision Date |
Nov 25, 1987 |
| Hearing Date |
Nov 25, 1987 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal from the judgment of the Acting Chief Justice of Baluchistan High Court. The court held that the application for restoration of the Land Acquisition Case was not filed by the competent authority, which in this instance was the Province of Baluchistan. The application was made by the Federal Government, who was not a party to the original case. As a result, the dismissal of the application for restoration was upheld, affirming that without proper authorization from the Province, a counsel cannot represent a party in legal proceedings. The court concluded that the High Court's dismissal of the appeal against the District Judge's order was correct and unexceptionable. |
| Summary |
This case revolves around a dispute concerning the restoration of a land acquisition case that was dismissed for non-prosecution. The Supreme Court of Pakistan examined the procedural legitimacy of the applications filed for restoration, emphasizing the importance of proper authorization in legal representation. The case underscores the significance of adhering to legal protocols in land acquisition matters under the Land Acquisition Act, 1894, and the constitutional provisions pertaining to legal rights and representation. The decision reinforces the principle that only the competent authority, in this case, the Province of Baluchistan, can initiate restoration proceedings. The judgment serves as a critical reminder for legal practitioners about the necessity of proper documentation and authority when engaging in legal processes. This case is pivotal for understanding the intersection of administrative authority and legal representation in land acquisition disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
S.A.NUSRAT,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
Haji Sarfraz Khan,
Muhammad Riaz Ahmed
|
| Petitioners |
PROVINCE OF BALUCHISTAN through Secretary Board of Revenue, Baluchistan
|
| Respondents |
ASSISTANT COMMISSIONER/COLLECTOR, QUETTA SUB-DIVISION, QUETTA
|
| Citations |
1988 SLD 2801,
1988 SCMR 1830
|
| Other Citations |
Not available
|
| Laws Involved |
Land Acquisition Act, 1894,
Constitution of Pakistan, 1973
|
| Sections |
18(3),
199
|