Case Details

Citation(s)
2019 SLG 1247 2019 SLD 1247 2019 MLD 846
Supreme Court (AJ&K)
Civil Review No. 1 of 2017, decision Dated: 25-10-2018. Hearing Dated: 23-10-2018. (In the matter of review of judgment of this Court Dated 06.12.2016 in Civil Appeal No. 150 of 2015).
RAJA SAEED AKRAM KHAN, JUSTICE GHULAM MUSTAFA MUGHAL, JUSTICE
Petitioner(s) by: Muhammad Younas Arvi, Advocate
Respondent(s) by: Nemo

MUHAMMAD HANIF AND 2 OTHERS

VS

MUHAMMAD SADIQ AND 14 OTHERS

Law: Land Acquisition Act, 1894

Section: 4,12,30

(a) Land Acquisition Act (I of 1894)--- ----S.30---Award of compensation---Reference under S.30, Land Acquisition Act, 1894---Scope---Determination of shares of landowners by Collector Land Acquisition---Effect---Once the Collector Land Acquisition determines the shares of the landowners' and award is issued, reference under S.30 of the Act was not competent---Even the competent reference was to be filed within reasonable time. (b) Precedent--- ---When there were conflicting s contrary to the principle of law by the bench of equal strength, later in time had to be followed. Muhammad Rafique Khan v. Province of Punjab and others 1992 CLC 1775;Government of West Pakistan and others v. Mst. Asmatun Nisa and others PLD 1983 SC 109; Government of West Pakistan v. Arbab Haji Ahmed Jan and others PLD 1981 SC 516; Fazal Karim v. Azad Government and others PLD 1998 SC (AJ&K) 26 and Ghulam Muhammad v. Government of West Pakistan PLD 1967 SC 191 ref. Government of Pakistan and another v. Syed Ghulam Haider Shah and others 2007 SCR 175; Azad Government and others v. Riaz Ahmed and another 2007 SCR 468; Fazal Karim v. Azad Government and others PLD 1998 SC (AJ&K) 26; Gujarat Housing Board v. Nagajibhai Laxmanbhai and others AIR 1986 Gujarat 81; Vasant Tatoba Hargude and others v. Dikkaya Muttaya Pujari AIR 1980 Bombay 341; Govindanaik G. Kalaghatigi v. West Patent Press Co. Ltd. and others AIR 1980 Karnataka 92; Gopal Krishna Indley v. 5th Additional District Judge and others AIR 1981 Allahabad 300; Engineer Jameel Ahmad Malik v. Shaukat Aziz and others 2007 CLC 1192; Muhammad Riasat and others v. The Secretary of Education and others 1997 SCMR 1626; Mst. Hira Rehman v. Chancellor Government College and others 2011 CLC 377; Javed Iqbal v. Province of Sindh and others 2003 MLD 22 and Muhammad Rasheed and 4 others v. Adalat Khan and 3 others 2016 SCR 1406 rel. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD IBRAHIM ZIA, C.J.--- The petitioner has filed this petition seeking review of judgment of this Court dated 06.12.2016, whereby the appeal filed by the petitioners, herein, has been dismissed. 2. In brief, the facts of the case are that the petitioners, herein, filed a…
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