| Case ID |
d3ef747a-99f8-46d2-8b57-6a6885695c4e |
| Body |
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| Case Number |
Civil Appeals Nos. 38 and 39 of 1997 |
| Decision Date |
Nov 25, 1997 |
| Hearing Date |
Oct 27, 1997 |
| Decision |
The Supreme Court of AJ&K ruled that the High Court was not competent to dismiss the appeals on the ground of limitation regarding references made under the Land Acquisition Act. The judgment emphasized that the Collector has the authority to determine the validity of references and that the court's role is limited to the specific issues referred to it. The case was remanded back to the High Court with directions to rehear the arguments and decide afresh according to law, indicating a significant interpretation of the jurisdictional boundaries under the Land Acquisition Act. |
| Summary |
This landmark case involves the interpretation of the Land Acquisition Act (I of 1894) and the procedural rights of petitioners regarding compensation for acquired land. The appeals arose from awards made by the government for land acquisition, which the petitioners contested on the grounds of inadequate compensation and procedural missteps. The Supreme Court clarified the jurisdictional limits of both the Collector and the High Court in handling references under this Act, emphasizing the need for adherence to statutory timelines and the proper execution of legal procedures. This ruling is significant in reinforcing the legal framework governing land acquisition and the rights of landowners, ensuring that due process is followed in compensation matters. Keywords such as 'land acquisition', 'legal rights', 'court jurisdiction', and 'compensation claims' are pertinent in understanding the implications of this case. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
SARDAR SAID MUHAMMAD KHAN, CHIEF JUSTICE,
MUHAMMAD YUNUS SURAKHVI, JUSTICE
|
| Lawyers |
Raja Muhammad Siddique Khan, Advocate for Appellants,
Ch. Muhammad Sharif Tariq, Advocate for Respondents
|
| Petitioners |
FAZAL KARIM AND 3 OTHERS
|
| Respondents |
AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR THROUGH CHIEF SECRETARY, MUZAFFARABAD AND OTHERS
|
| Citations |
1998 SLD 1198,
1998 PLD 26
|
| Other Citations |
Government of West Pakistan (now Government of N. W.F.P.) through Collector, Peshawar v. Arbab Haji Ahmed Ali Jan PLD 1981 SC 516,
Government of West Pakistan (now N. W.F.P.) v. Mst. Asmatun Nisa PLD 1983 SC 109,
Muhammad Rafique Khan v. Province of Punjab 1992 CLC 1775,
Leath Elies Joseph Solomon v. H. C. Strok AIR 1934 Cal. 758,
Secretary of State v. Bhagwan Prasad AIR 1929 All. 769,
Secretary of State v. Bhagwan Prasad AIR 1932 All. 597,
Nazar Muhammad Khan v. Collector NLR 1980 Rev. Lah. 36,
Azad Government of the State of Jammu and Kashmir v. Muhammad Shafi PLD 1971 Azad J&K 33,
Mst. Bibi Rahmania v. Government through Director, Northern Regional Research Laboratories and Collector, Peshawar PLD 1971 Pesh. 191,
Kothamasu Kanakarathamma v. State of Andhra Pradesh AIR 1965 SC 304,
Parma Lal v. The Collector, Etah AIR 1959 All. 576,
Land Acquisition Collector, Rawalpindi v. Lieut. General Wajid Ali Khan Burki PLD 1960 Lah. 469,
Ghulam Muhammad v. Government of West Pakistan PLD 1967 SC 191,
Dr. G.H. Grant v. The State of Bihar AIR 1966 SC 237
|
| Laws Involved |
Land Acquisition Act (I of 1894),
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
|
| Sections |
18,
42
|