Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Land Acquisition Act, 1894

Section: 18, 30, 31

Law: Code Of Civil Procedure, 1908.

Section: XXI,XXVII ,47

Summary

The Supreme Court dismissed the civil petition seeking leave to appeal against the Peshawar High Court's decision affirming the rejection of the government's objections in execution related to land acquisition compensation. The Court held that under Order XXI rule 23-A of the Code of Civil Procedure, 1908 (CPC), the judgment-debtor must deposit the decretal amount or furnish security to raise objections in execution. The petitioner, a government entity, failed to do so, and hence the objections were rightly deemed inadmissible despite claims of exemption under Order XXVII rule 8-A CPC. The concurrent findings of ownership and entitlement by the Executing Court and High Court were upheld, with no illegality found to warrant interference.

Core Points

• The case involves acquisition of land for defense purposes and compensation disputes.
• References enhanced compensation, upheld on appeal.
• Execution objections by the government were dismissed for failure to deposit decretal amount or provide security.
• Order XXI rule 23-A CPC mandates depositing decretal amount or furnishing security before filing execution objections.
• Order XXVII rule 8-A CPC, exempting government from deposit/security in certain appellate proceedings, does not apply to execution objections.
• Supreme Court upheld the trial and appellate courts' decisions rejecting objections.
• Authorities emphasize strict compliance with deposit/security requirements to prevent frivolous objections.
• No illegality or jurisdictional error found in the impugned judgment.
• Petition for leave to appeal was dismissed.

Law and Section

JUDGMENT