| Citation(s) |
|---|
| 1980 SLG 3025 = 1980 SLD 3025 = 1980 SCMR 63 |
Supreme Court of Pakistan
Civil Petitions for Special Leave to Appeal Nos. 587 and 588 of 1978, decided on 18th November, 1979. (On appeal from the judgments and order of the Lahore High Court, Lahore, on 12-9-1978, in R. F. A. Nos. 96/70 and 88/70).
Presented By: Aslam Riaz Hussain and Karam Elahee Chauhan, JJ
Zia Mahmood Mirza, Advocate Supreme Court and Rana Maqbool Ahmad Kadri, Advocate-on-Record for Petitioners. Sardar Muhammad Iqbal, Senior Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for
Respondent No. 1.
Civil Petitions for Special Leave to Appeal Nos. 587 and 588 of 1978, decided on 18th November, 1979. (On appeal from the judgments and order of the Lahore High Court, Lahore, on 12-9-1978, in R. F. A. Nos. 96/70 and 88/70).
Presented By: Aslam Riaz Hussain and Karam Elahee Chauhan, JJ
Zia Mahmood Mirza, Advocate Supreme Court and Rana Maqbool Ahmad Kadri, Advocate-on-Record for Petitioners. Sardar Muhammad Iqbal, Senior Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for
Respondent No. 1.
LAND ACQUISITION COLLECTOR ETC.-Petitioners
VERSUS
ABDUL QAYYUM MALIK ETC.--Respondents
Law: Land Acquisition Act (I of 1894)
Section: 23
Law: Works of Defence Act, 1903
Section: 7
Law: Constitution of Pakistan, 1973
Section: 185(3)
(a) Land Acquisition Act (I of 1894) S. 23 read with Works of Defence Act (VII of 1903); S. 7-A [as added by Works of Defence (Amendment) Ordinance (XXXIV of 1961)] and Central Government Notification No. 711/62, gazetted on. 11-5-1962-Acquisition-Potential building site-Compensation- Mere fact of existence of a bar to raising of constructions on any land without obtaining requisite permission of appropriate authority-lots not mean that land otherwise has no potential value except as an agricultural land-Very fact of some conditional prohibition against construction having been issued--Shows that but for aforesaid prohibition land otherwise possessed building site potentiality-Notification dated 11-5-1962 itself left scope for allowing exemption from its rigour and prohibition being only' conditional possibility of its removal not to be kept out of consideration--Land in dispute being within municipal limits such fact itself indicative of its already having building potentials-Saes for residential purposes also taking place in village concerned-Very act of acquisition also proof of fact of land having potential: of being put to construction-High Court, in circumstances, held, perfectly justified in fixing a price striking a balance between status of land as agricultural land and as purely potential building site. Cadars Rapids Manufacturing and Power Company v. Lacaste and others, 1914 A C 569 (P C); An Arbitration between Lucas and The Chesterfield Gas and Water Board (1909) 1 K B 16; Corrie and another v. MacDermott 1914 A C 1056 and Collector of Chingleput v. Krishnaveni A I R 1933 Mad. 190 ref. (b) Land Acquisition Act (I of 1894) S. 23 read with Constitution of Pakistan (1973), Art. 185(3) Leave to appeal-Neither any omission nor misreading of evidence in impugned judgment-Rates fixed according to facts and circumstances of case and relevant law-Case not involving violation of any principle of law-Case, held, not fit for interference by Supreme Court both on factual as well as legal plane. [Evidence]. Date of hearing: 18th November, 1979. …