| Citation(s) |
|---|
| 1977 SLG 151 1977 SLD 151 1977 SCMR 239 |
Supreme Court of Pakistan
Civil Appeal No. 5 of 1971, decision dated: 4th May 1976, hearing DATE : 4th May 1970
MUHAMMAD YAQUB ALI, C.J., MUHAMMAD GUL AND MUHAMMAD AKRAM, JJ
Ghulam Mujtaba, Advocate-on-Record for Appellant Malik Muhammad Adam, Advocate instructed by M. A. Qadri, Advocate-on-Record for
Respondents Salim Ahmad Malik, Advocate-on-Record for
Respondents
Civil Appeal No. 5 of 1971, decision dated: 4th May 1976, hearing DATE : 4th May 1970
MUHAMMAD YAQUB ALI, C.J., MUHAMMAD GUL AND MUHAMMAD AKRAM, JJ
Ghulam Mujtaba, Advocate-on-Record for Appellant Malik Muhammad Adam, Advocate instructed by M. A. Qadri, Advocate-on-Record for
Respondents Salim Ahmad Malik, Advocate-on-Record for
Respondents
THE LAHORE IMPROVEMENT TRUST, LAHORE THROUGH 1TS CHAIRMAN
VS
COL. BASHIR HUSSAIN AHD OTHERS
Law:
Section:
Constitution of Pakistan (1973)---- ----- Art. 185(3) - Respondent's counsel withdrawing challenge to dispute-Objection having been referred to relevant Tribunal with consent of parties by Supreme Court and Tribunal having given its decision thereon such decision, held, remains in field, and objection disposed of. JUDGMENT MUHAMMAD AKRAM, J.-This is an appeal by special leave from the judgment dated 12th May 1959, passed by a Division Bench of the then High Court of West Pakistan at Lahore, accepting the writ petition filed by the respondents against the appellant herein. Briefly the relevant facts are these. A scheme a known as the University Campus Scheme was published in the Gazette on tie 31st March, 19.54 under section 36 of the Punjab Town Improvement Act, 1922. It was sanctioned adder section 41 of the Act by tie Provincial Government on the 24th January, 1957. In that connection, the Land Acquisition Collector made his award on the 20th September, 1960. Afterwards he made a supplementary award which related to the land of the respondents, announced on the 29th December 1952, under section 11 of the Land Acquisition Act. Admittedly, the respondents were not present at the time of making of the award. Afterwards, on the 17th August, 1963, the respondents filed their objections against the award under section FR of the Land Acquisition Act. But the Collector on the 10th February, 1965, treated the objections before biro as barred by time, since they were not presented within six months of the making of the award and refused to refer the same to the Tribunal for adjudication. In these circumstances, the respondents filed their writ petition under Article 98 of the abrogated Constitution of Islamic Republic of Pakistan challenging the validity of the award dated 29th October 1962 arid the impugned order of the Collector dated 10th February, 1965. The High Court observed that no notice was served upon the petitioner for appearance before the Collector on the 29th October, 1962, when the supplementary award was announced against the respondents herein. In its opinion, the giving of a notice under section 12 was an imperative provision of law and read with…
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