| Case ID |
d538b8bd-4d65-4777-8186-c5bce12d6d69 |
| Body |
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| Case Number |
Revision Petition No.440 of 2010 |
| Decision Date |
Feb 06, 2012 |
| Hearing Date |
|
| Decision |
The revision petition filed by the petitioner Ahmed Din was dismissed. The court found that the petitioner had previously participated in the construction of the road in question and had left land for its construction. As such, the petitioner was barred from raising objections against the road's use. The trial court's decision to cancel the interim injunction was upheld, as the petitioner did not seek a declaration of ownership over the disputed land, and therefore no relief could be granted. The court emphasized that if the petitioner was unwilling to leave his land for the road, he had the right to seek compensation from the relevant authorities. |
| Summary |
In the case of Ahmed Din vs. Haq Nawaz and others, the High Court (AJ&K) addressed issues surrounding a suit for permanent injunction related to a road constructed by the Local Government Department. The petitioner, Ahmed Din, claimed ownership of land that was impacted by the road's construction. The trial court's cancellation of the interim injunction was upheld by the appellate court, as it was determined that the petitioner had previously consented to the road's construction and had not formally claimed ownership in the suit. The court's decision reiterated principles of property rights and the necessity of seeking compensation for land if consent was not given, reflecting key aspects of civil procedure and specific relief law. This case highlights the importance of legal representation and the procedural steps necessary for maintaining property rights, making it a significant reference for future cases involving land use disputes. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
MUNIR AHMED CHAUDHARY, J
|
| Lawyers |
Bostan Chaudhary,
Abdul Razzaq Chaudhary
|
| Petitioners |
AHMED DIN
|
| Respondents |
HAQ NAWAZ,
15 others
|
| Citations |
2012 SLD 527,
2012 CLC 817
|
| Other Citations |
2002 CLC 571
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877)
|
| Sections |
O.XXXIX,R.1,
O.XXXIX,R.2,
S. 54
|