| Case ID |
d69ca3c6-d78b-4f71-bd31-3a86120712b2 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.4102 of 2008 |
| Decision Date |
Sep 09, 2008 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition filed by Muhammad Ramzan, who claimed to be a tenant affected by the construction of a ring road around Muzaffargarh City without proper legal procedures being followed under the Land Acquisition Act, 1894. The court found that the respondents had followed the necessary legal requirements, including issuing notifications and compensating the petitioner. The court stated that the petitioner failed to challenge the prescribed proceedings and emphasized that there is a complete mechanism under the Land Acquisition Act for redressal of grievances, making the constitutional petition incompetent. The order directed the Land Acquisition Collector to ensure that any due compensation is appropriately paid to the petitioner within one month. |
| Summary |
In the case of Muhammad Ramzan vs. National Highway Authority, the Lahore High Court dealt with the issues surrounding land acquisition under the Land Acquisition Act, 1894. The petitioner, Muhammad Ramzan, argued that he was unlawfully dispossessed from his land for a ring road project without following the legal requirements set forth in the Act. The court analyzed the claims of the petitioner and highlighted the importance of adhering to the legal process when acquiring land. The decision emphasized the existence of an established mechanism for redressal of grievances under the Land Acquisition Act, which the petitioner failed to utilize. The judgment serves as a significant reference for future cases involving land acquisition, tenant rights, and the procedural obligations of governmental authorities. It underscores the necessity for proper notifications and processes to be observed to ensure lawful dispossession and compensation. This case highlights the balance that courts must maintain between the rights of individuals and the needs of public infrastructure projects. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SAIF-UR-REHMAN, J
|
| Lawyers |
Barrister Taj Muhammad Khan Langah,
Sardar Abdul Qayyum Khan,
Malik Muhammad Tariq Rajwana,
Saleem Pervez Patwari
|
| Petitioners |
MUHAMMAD RAMZAN
|
| Respondents |
5 others,
NATIONAL HIGHWAY AUTHORITY through Secretary (Works and Communications), Islamabad
|
| Citations |
2009 SLD 436,
2009 CLC 128
|
| Other Citations |
Syed Arshad Ali and others v. Pakistan Telecommunication Co. Ltd. 2008 SCMR 314,
2002 SCMR 549
|
| Laws Involved |
Land Acquisition Act, 1894,
Constitution of Pakistan, 1973
|
| Sections |
4,
9,
18,
212
|