| Case ID |
e232131b-830b-4e80-865c-be06caf5d5f3 |
| Body |
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| Case Number |
C.P.L.A. Nos.171-R, 181-R, 182-R and 183-R of 1989 |
| Decision Date |
Feb 26, 1990 |
| Hearing Date |
|
| Decision |
In the case concerning the acquisition of land for the construction of an aerodrome in Sargodha, the Supreme Court of Pakistan granted leave to appeal against four judgments from the Lahore High Court. The plaintiffs, who claimed to be occupancy tenants, argued that their lands were requisitioned in 1942 under the Defence of India Act, 1939, and although they received yearly lease compensation until 1946, payments ceased thereafter. The court found that the government failed to produce the necessary notifications regarding the land acquisition and that the actions taken by the petitioners were deemed illegal. Consequently, the court allowed the appeals to proceed, directing the Deputy Attorney General to locate the relevant historical records and notifications. The appeals will be heard based on the existing record, and both parties are permitted to submit further documentation as necessary. |
| Summary |
This landmark case revolves around the legalities surrounding land requisition under the Defence of India Act, 1939, and the Requisitioned Land (Continuance of Powers) Ordinance, XIII of 1946. The plaintiffs, claiming occupancy rights, sought to recover lease payments that had been halted since 1946 despite their lands being requisitioned for an aerodrome. The Supreme Court's decision to grant leave to appeal highlights significant issues regarding the government's failure to follow legal protocols in land acquisition. The ruling emphasizes the importance of adhering to legal requirements in governmental actions affecting private property rights. This case serves as a crucial reference in discussions about land acquisition laws, tenant rights, and the legal obligations of the state in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
RUSTAM S. SIDHWA, J
|
| Lawyers |
Not available
|
| Petitioners |
PAKISTAN through Secretary, Ministry of Defence and others
|
| Respondents |
Late Ch. MUHAMMAD AHSAN through his legal heir and others
|
| Citations |
1991 SLD 847,
1991 SCMR 275
|
| Other Citations |
Not available
|
| Laws Involved |
Requisitioned Land (Continuance of Powers) Ordinance (XIII of 1946),
Defence of India Act, 1939,
Constitution of Pakistan (1973)
|
| Sections |
Art.185(3)
|