| Case ID |
f9fe560f-f3b1-4c59-ad20-c3c710f4f445 |
| Body |
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| Case Number |
Civil Petition No. 232-R of 1985 |
| Decision Date |
Oct 15, 1986 |
| Hearing Date |
Oct 15, 1986 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal in a case concerning the pre-emption of land affected by the Mangla Dam Project. The petitioners contended that the suit land was not pre-emptible due to a government notification indicating their status as affected persons. The Court noted that the trial court had dismissed the suit, but the District Judge had accepted the appeal. The case was appealed to the High Court, which dismissed it. The Supreme Court allowed the petitioners to examine their entitlement to protection under the notification, as similar certificates had been utilized in prior cases to grant relief. The execution of the decree concerning the suit land was stayed pending the appeal's hearing. |
| Summary |
This case focuses on the legal intricacies surrounding the pre-emption of land under the Punjab Pre-emption Act, specifically in relation to the rights of those affected by the Mangla Dam Project. The petitioners sought to establish that their land was not subject to pre-emption due to a government notification. The case highlights the complexities of property rights in the context of public infrastructure projects and the legal protections afforded to affected individuals. The Supreme Court's decision to grant leave to appeal emphasizes the importance of examining the applicability of government notifications in property disputes. This case serves as a significant reference point for future legal interpretations of pre-emption rights in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
S.A NUSRAT,
JAVID IQBAL
|
| Lawyers |
Kh. M. Yusuf Saraf, Advocate Supreme Court,
Karam Elahi Bhatti, Advocate-on-Record
|
| Petitioners |
QURBAN and others
|
| Respondents |
Mst. SAID BIBI and others
|
| Citations |
1986 SLD 1067,
1986 SCMR 2012
|
| Other Citations |
Mangta Khan v. Hamida Begum and others P L D 1981 S C 51
|
| Laws Involved |
Constitution of Pakistan (1973),
Punjab Pre-emption Act (I of 1913)
|
| Sections |
9
|