| Case ID |
f4bd3a0c-1ff6-424b-bc62-74547b2d7a69 |
| Body |
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| Case Number |
Civil Appeals Nos. 95 and 107 of 2003 |
| Decision Date |
May 26, 2005 |
| Hearing Date |
|
| Decision |
The appeal of Muhammad Reaz is accepted, and the suit filed by him is decreed to the extent of Rs. 37,00,000 (thirty-seven lac). The appeal filed by the Mirpur Development Authority and others is dismissed. The court found that the plaintiff had established his case for damages due to the denial of possession of a plot purchased for construction. The court highlighted that the defendants had failed to provide the necessary facilities for construction and had not adequately rebutted the plaintiff's claims. The increase in market value of the plot and construction costs were acknowledged, confirming the plaintiff's entitlement to the claimed compensation. |
| Summary |
The case revolves around a dispute involving Muhammad Reaz Janjooa against the Mirpur Development Authority regarding a plot purchased for construction. The plaintiff claimed damages amounting to Rs. 37,00,000 due to the failure of the authority to provide possession and necessary construction facilities. The court emphasized the principles of tort law, particularly the right to recover damages for loss sustained due to the actions of others. The appeal was successful as the court found the plaintiff's claims substantiated, with no substantial rebuttal from the defendants. This case highlights the importance of due process in property transactions and the obligation of authorities to fulfill their commitments to citizens, ensuring justice and compensation is provided in cases of negligence and mishandling of property rights. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Water and Power Development Authority,
Mirpur Development Authority
|
| Judges |
MUHAMMAD REAZ AKHTAR CHAUDHRY, CHIEF JUSTICE
|
| Lawyers |
Jahandad,
Haji Anwar,
Ch. Reaz Alam
|
| Petitioners |
others,
MUHAMMAD REAZ JANJOOA
|
| Respondents |
others,
MIRPUR DEVELOPMENT AUTHORITY THROUGH CHAIRMAN
|
| Citations |
2005 SLD 1988,
2005 PLD 15
|
| Other Citations |
Haji Salman Ali v. The Province of Balochistan and others PLD 1994 Quetta 13,
1999 Cr.C. 1915,
PLD 1980 Lah. 146
|
| Laws Involved |
Not available
|
| Sections |
Not available
|