Case Details

Citation(s)
1975 SLG 3034 = 1975 SLD 3034 = 1975 SCMR 91
Supreme Court of Pakistan
Civil Appeals Nos. 68, 69, 70, 71, 72, 73, 75, 77 of 1968; 5, 6, 7, 8, 9, l0 of 1969 ; 9, 49 and 53 of 1970, decided on 26th November 1974. (On appeal from the judgment and order of the erstwhile High Court of West Pakistan, Lahore, dated 15-7-1966 in R. F. A. Nos. 11, 14, 16, 46, 47, 57 of 1963 and 5, 9, 10, 11, 12, 13, 24, 25, 26, 28 of 1964).
Presented By: Hamoodur Rahman, C. J., Muhammad Yaqaob Ali, Salahuddin Ahmed, Muhammad Gul and Abdul Kadir Shaikh, JJ
Ch. Ghulam Sarwar, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate-on-Record for
Respondents (in Civil Appeals Nos. 68, 71 and 73 of 1968).
Respondents (in Civil Appeals Nos. 72, 75 and 77 of 1968) except
Respondent No. 3(i) to 3(iii) (in C. A. 75 of 1968) : Ex parte. Wali Muhammad, Advocate-on-Record (Absent) for
Respondents Nos. 3(i) to 3(111) (in Civil Appeal No. 77 of 1968). Nemo for
Respondents (in Civil Appeals Nos. 70 of 1968 ; 5 and 6 of 1969).
Respondents Nos. 1 and 2 (in Civil Appeal No. 69 of 1968) : Ex parte. Ch. Aziz Ahmad, Advocate Supreme Court instructed by Khawaja Wali Muhammad, Advocate-on-Record for
Respondent No. 3 (in Civil Appeal No. 69 of 1968). Rao Muhammad Yusuf; Advocate-on-Record for
Respondent (in Civil Appeals 7 to 10 of 1969) and for Appellants (in Civil Appeals Nos. 9 and 49 1970). Khawaja Muhammad Tufail, Advocate Supreme Court instructed by M. Z. Khalil, Advocate-on-Record for Appellant (in Civil Appeal No. 53 of 1970).

Civil Appeal No. 68 of 1968 THE PROVINCE OF WEST PAKISTAN, LAHORE-Appellant

VERSUS

Mian NOOR AHMAD AND OTHERS-Respondents Civil Appeals Nos. 69 and 75 of 1968 THE PROVINCE OP WEST PAKISTAN, LAHORE-Appellant versus Mian MUHAMMAD SHARIF AND OTHERS-Respondents Civil Appeal No. 70 of 1968 THE PROVINCE OF WEST PAKISTAN, LAHORE-Appellant versus Sh. ABDUL HAQ AND OTHERS-Respondents Civil Appeal No. 71 of 1968 THE PROVINCE OF WEST PAKISTAN, LAHORE-Appellant versus Mian NOOR AHMAD alias NOOR MUHAMMAD -Respondent Civil Appeal No. 72 of 1968 THE PROVINCE OF WEST PAKISTAN, LAHORE-Appellant versus Malik MUHAMMAD BASHIR-Respondent Civil Appeal No. 73 of 1968 THE PROVINCE OF WEST PAKISTAN-Appellant versus Mian NOOR AHMAD-Respondent Civil Appeal No. 77 of 1968 THE PROVINCE OF WEST PAKISTAN-.Appellant versus Mian MUHAMMAD ASLAM AND OTHERS-Respondents Civil Appeals Nos. 5 and 6 of 1969 THE PROVINCE OF WEST PAKISTAN-Appellant versus HASSAN MAQSOOD AZIZ AND OTHERS-Respondents Civil Appeals Nos. 7 and 8 of 1969 THE PROVINCE OF WEST PAKISTAN-Appellant versus Mst. IQBAL BEGUM AND OTHERS- Respondents Civil Appeals Nos. 9 and 10 of 1969 THE PROVINCE OF WEST PAKISTAN-Appellant versus Mst. IQBAL BEGUM-Respondent Civil Appeals Nos. 9 and 49 of 1970 Mst. IQBAL BEGUM AND OTHERS-Appellants versus THP PROVINCE OF WEST PAKISTAN THROUGH THE LAND ACQUISITION COLLECTOR-Respondent Civil Appeal No. 53 of 1970 Sh. ABDUL HAQ, ADVOCATS AND OTHERS-Appellants versus THE LAND ACQUISITION COLLECTOR, P. W. R.?-Respondent

Law: Constitution of Pakistan, 1962

Section: 58

Law: Civil Procedure Code (V of 1908)

Section: 109, 110

Law: Limitation Act (IX of 1908)

Section: 5

(a) Constitution of Pakistan (1962)  Art. 58 and Civil Procedure Code (V of 1908), Ss. 109 & 110-Civil appeal ---Appeals in civil matters, after enforcement of Constitution (1962)--Lay to Supreme Court only by special leave of Court-No appeal lay to Supreme Court from judgment; decree, or order of High Court under Ss. 109 & 110, Civil Procedure Code, 1908 after enforcement of Constitution (1962). Hussain Bakhsh v. Settlement Commissioner, Rawalpindi and others P L D 1970 S C l ref. (b) Limitation Act (IX of 1908) S. 5 and Constitution of Pakistan (1962), Art. 58-Adjudication of -civil matters-Government not entitled to any preferential treatment as compared to ordinary citizens=Appeals filed by Provincial Government dismissed 8 years earlier and no explanation given to condone delay, oral prayer for conversion of appeals into petitions for special leave to appeal rejected. Riaz Ahmad Sheikh, Assistant Advocate-General, Punjab instructed by Sh. Ijaz Ali, Advocate-on-Record for Appellants (in Civil Appeals Nos. 68 to 73, 75, 77 of 1969 and 5 to 10 of 1969) and for Respondents (in C. As. Nos. 9, 49 and 53 of 1970). Date of hearing : 26th November 1974.                                                                                                               JUDGMENT MUHAMMAD YAQOOB ALI, J.-These connected appeals are directed against the judgment and order of a Division Bench of the erstwhile High Court of West Pakistan, dated 15th July 1966, affirming the market price fixed by the Senior Civil Judge, Lahore, of land situated in Lahore, acquired by the Government for construction of residential quarters for its officials in 1955. The Collector divided the land in four blocks and fixed the price ranging between Rs. 1,000 to Rs. 2,200 per kanal. On reference, made at the instance of the owners under section 19 of the Land Acquisition Act, the Senior Civil Judge, increased the…
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