| Citation(s) |
|---|
| 2017 SLG 312 2017 SLD 312 2017 MLD 22 |
Sindh High Court
H.C.A. No. 74 of 2013, decided on 4th January, 2016. Date of hearing: 20th November, 2015.
SAJJAD ALI SHAH, CHIEF, JUSTICE AND MUHAMMAD, JUNAID GHAFFAR, JUSTICE
Umar Hayat Sandhu for Appellant. Afsar Ali Abidi for
Respondent.
H.C.A. No. 74 of 2013, decided on 4th January, 2016. Date of hearing: 20th November, 2015.
SAJJAD ALI SHAH, CHIEF, JUSTICE AND MUHAMMAD, JUNAID GHAFFAR, JUSTICE
Umar Hayat Sandhu for Appellant. Afsar Ali Abidi for
Respondent.
MILITARY ESTATE OFFICER
VS
. ARDESHIR COWASJEE AND 3 others
Law:
Section:
Land Acquisition Act (I of 1894)------.----- ------.-------Ss. 17, 18 & 28-A------.-----Civil Procedure Code (V of 1908), S. 114 & O. XLVII, R. 7------.-----Law Reforms Ordinance (XII of 1972), S. 3------.-----Intra-court appeal------.-----Review application------.-----Scope------.-----Amendment in decree by Executing Court------.-----Scope------.-----Compensation against award was determined by Court and /decree was passed in that regard against authorities------.-----During pendency of execution application filed by landowners, authorities preferred objections on which Single Judge of High Court directed authorities to deposit decretal amount within 30 days and on failure to comply with direction, execution was allowed------.-----Single Judge of High Court while deciding execution application recorded observations and authorities wanted to get said observations implemented------.-----Validity------.-----Even if such part of order whereby it was observed that decree-holder was entitled for compensation under S.28-A of Land Acquisition Act, 1894 was set aside, same would have no bearing on final outcome, as and decree itself provided for payment of such compensation against which appeal preferred by authorities already stood dismissed and same had not been challenged any further------.-----Observations were recorded by Single Judge of High Court as it was specifically pleaded on behalf of authorities that since S.28-A of Land Acquisition Act, 1894 stood omitted as if it was never on the statute book, therefore, additional compensation was paid------.-----Authorities were to agitate merits of and decree in further appeal which otherwise had attained finality and not before Executing Court through review application------.-----Authorities tried to make an attempt to get modification of and decree by raising such objections which were not permissible as Executing Court was bound by and decree passed in the matter and such observations in order in question could not be challenged to seek further opportunity of having decree set aside------.-----High Court declined to interfere in the matter as authorities did not assail appellate order any further,…
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