| Case ID |
ede29a5b-76ae-4447-9ab9-94eebea2250d |
| Body |
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| Case Number |
Civil Revision No.254 of 2011 |
| Decision Date |
Feb 03, 2012 |
| Hearing Date |
Feb 03, 2012 |
| Decision |
The revision petition was accepted, setting aside the Referee Court's order dismissing the petitioners' amendment application. The Referee Court is directed to allow the petitioners to amend the reference and expedite the proceedings to conclude within six months. The case highlighted the importance of allowing parties to amend references to ensure justice and uphold their rights over acquired property. It emphasized that technicalities should not hinder the pursuit of justice. |
| Summary |
In the case of Taj Muhammad Khan through L.Rs. vs. Collector Land Acquisition, the Peshawar High Court addressed a civil revision regarding land acquisition for the Ghazi Barotha Hydro Power Project. The petitioners sought to amend their objections regarding the determination of compensation for their acquired land. The court emphasized that the Land Acquisition Act, 1894, provides a framework for addressing disputes related to land acquisition, including the rights of 'persons interested' in the compensation process. The judgment underscored the necessity of allowing amendments to support justice and preserve the valuable rights of parties involved. The court's decision reaffirmed that the procedural rules should not obstruct the substantive rights of the parties in land acquisition cases. The ruling is significant for stakeholders in land acquisition and compensation disputes, ensuring that procedural hurdles do not impede the pursuit of justice in such cases. |
| Court |
Peshawar High Court
|
| Entities Involved |
WAPDA,
|
| Judges |
YAHYA AFRIDI, J
|
| Lawyers |
M.A. Tahir Kheli,
Fida Muhammad Khan
|
| Petitioners |
,
TAJ MUHAMMAD KHAN through L.Rs.
|
| Respondents |
,
COLLECTOR LAND ACQUISITION, GHAZI BAROTHA HYDRO POWER PROJECT, GHAZI
|
| Citations |
2012 SLD 599 = 2012 CLC 1316
|
| Other Citations |
Mir Mazar v. Azim PLD 1993 SC 332,
Ghulam Muhammad and another v. Muhammad Aslam and others PLD 1993 SC 336,
Mst. Ghulam Bibi and others v. Sarsa Khan and others PLD 1985 SC 345,
Shakir Muhammad and another v. The State PLD 1985 SC 357,
Lalzada and another v. Gul Bakhsh Singh and 15 others PLD 1987 Pesh. 59,
Muhammad Sherin Sahibzada v. Lal Badshah and 5 others PLD 1987 Pesh. 62,
Manager, Jammu and Kashmir, State Property in Pakistan v. Khuda Yar and another PLD 1975 SC 678,
Abdul Majeed v. Khalid Yasin and 2 others 2002 CLC 468,
Sardar Muhammad and 2 others v. Haider Zaman and 3 others PLD 1993 Pesh. 81,
Faqir Muhammad Khan and 18 others v. Ghulam Elahi and others PLD 1993 Pesh. 87,
Ahmad Khan v. Rasul Shah and others PLD 1975 SC 311,
Mst. Fatima and others v. Shah Muhammad and others PLD 1975 SC 318,
Ghulam Muhammad v. Government of West Pakistan PLD 1967 SC 191,
Ihsan Illahi and others v. Hukam Jan PLD 1967 SC 200,
H.M. Saya & Co., Karachi v. Wazir Ali Industries Ltd., Karachi and another PLD 1969 SC 65,
S.M. Jaffar v. A.Q. Shaukat and another PLD 1969 SC 70,
Ghulam Muhammad v. Khan Muhammad Sabar Lal PLD 1969 SC 71,
Muhammad Inayat v. Ch. Muhammad Saleem and 2 others PLD 1979 Lah. 154,
Government of West Pakistan (Now Government of N.-W.F.P.) through Collector, Peshawar v. Arbab Haji Ahmed Ali Jan and others PLD 1981 SC 516,
Abdul Rehman Bajwa v. Sultan and 9 others PLD 1981 SC 522,
Government of West Pakistan (Now N.-W.F.P. and 2 others v. Mst. Asmatun Nisa and 6 others PLD 1983 SC 109,
Mehrban v. Abdul Hamid alias Majid and others PLD 1983 SC 117,
Muhammad Sharif v. Afsar Textile Mills Ltd. and another 1985 SCMR 1181 and 1985 SCMR 1865,
Zafrullah Khan v. Punjab Public Service Commission and others 1985 SCMR 1193
|
| Laws Involved |
Land Acquisition Act, 1894,
Civil Procedure Code (V of 1908)
|
| Sections |
30,
18,
12(2),
21,
25,
53,
O.VI, R.17
|