| Citation(s) |
|---|
| 2023 SLG 1198 2023 SLD 1198 2023 PLJ 299 |
Supreme Court of Pakistan
C.Ps. No. 819, 820 of 2017 & 939-L of 2015, decided on 3.1.2023. (Against the Judgment Dated 26.01.2017 passed by Lahore High Court, Lahore in ICA No. 616 of 2016, ICA No. 617 of 2016 and order Dated 30.3.2015 in ICA No. 357 of 2009). Date of hearing:
SARDAR TARIQ MASOOD, AMIN-UD-DIN KHAN AND JAMAL KHAN MANDOKHAIL, JJ.
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C.Ps. No. 819, 820 of 2017 & 939-L of 2015, decided on 3.1.2023. (Against the Judgment Dated 26.01.2017 passed by Lahore High Court, Lahore in ICA No. 616 of 2016, ICA No. 617 of 2016 and order Dated 30.3.2015 in ICA No. 357 of 2009). Date of hearing:
SARDAR TARIQ MASOOD, AMIN-UD-DIN KHAN AND JAMAL KHAN MANDOKHAIL, JJ.
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NATIONAL HIGHWAY AUTHORITY through Ghulam Mujtaba, G.M, Lahore
VS
MAZHAR SIDDIQUE and others--Respondents
Law: Constitution of Pakistan, 1973
Section: 23/24/199,204
Law: Land Acquisition Act, 1894
Section: 34
Constitution of Pakistan, 1973-- ----Arts. 23/24/199 204-- Land Acquisition Act, (I of 1894), S. 34--Contempt proceedings--Modified award--Compensation of acquired land--Petitioner acquired land for construction of Pindi Bhatian Interchange on Islamabad/Lahore Motorway--It transpired that land measuring 39 Kanals and 7 Marlas was acquired but inadvertently it escaped mention in notification--Afterwards, fresh calculation of amount of compensation was made and compound interest was held to be calculated from date of possession--Respondents No.1 and 2 sought implementation of order passed in Writ petition through contempt application--Under orders passed by High Court in contempt proceedings Award was announced for compensation of acquired land--It is also an undisputed fact petitioner/NHA acquired subject land without observing process prescribed under Land Acquisition Act--The only controversy left between parties is regarding quantum of compensation amount--Tool of contempt is often and rampantly misused as a substitute for execution and implementation of final orders, and decree--The exercise of Contempt jurisdiction is discretionary and is between Court and alleged contemnor--Where efficacious remedy is available by pursuing execution proceedings to seek implementation of order/ of superior Court, contempt proceedings is not a choice but an exception--Once Award was made by Collector in furtherance of High Court order, then later on, matter should have been governed by Land Acquisition Act and not under Articles 199, 204 of Constitution--We convert these petitions into appeals and allow same. [Pp. 301, 302, 303, 305, 306, 307 308] A, B, C, D, E, F, G, H, I, J PLD 2002 SC 25; 2015 PLC 45; 2011 SCMR 1990; 2010 SCMR 1057; PLD 2016 SC 64; 2022 SCMR 890; PLD 2021 SC 671; (2000) 4 SCC 400 ref. ORDER Amin-ud-Din Khan, J.--Through different petitions under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 (the “Constitution”), leave has been sought against the…
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