| Citation(s) |
|---|
| 1963 SLG 3441 = 1963 SLD 3441 = 1963 PLD 333 |
Supreme Court of Pakistan
Civil Appeals Nos. 48 and 49 of 1962, decided on 18th April 1963.
Presented By: A. R. Cornelius, C. J., S. A. Rahman, Fazle-Akbar and Hamoodur Rahman, JJ
Muhammad Asaf Senior Advocate Supreme Court (Shaukat Ali Advocate Supreme Court with him) instructed by Gulzar Hasan Attorney for Appellants. Ghias Muhammad Senior Advocate Supreme Court (Mazharul Haq Advocate Supreme Court with him) instructed by S. M. Shah Mashhadi Attorney for
Respondent. Date of hearing : 18th April 1963.
Civil Appeals Nos. 48 and 49 of 1962, decided on 18th April 1963.
Presented By: A. R. Cornelius, C. J., S. A. Rahman, Fazle-Akbar and Hamoodur Rahman, JJ
Muhammad Asaf Senior Advocate Supreme Court (Shaukat Ali Advocate Supreme Court with him) instructed by Gulzar Hasan Attorney for Appellants. Ghias Muhammad Senior Advocate Supreme Court (Mazharul Haq Advocate Supreme Court with him) instructed by S. M. Shah Mashhadi Attorney for
Respondent. Date of hearing : 18th April 1963.
Civil Appeal No. 48 of 1962 Mst. MAHBUB FATIMA AND OTHERS-Appellants
VERSUS
THE ADMINISTRATOR OF THE (CITY CORPORATION) OF THE LAHORE-Respondent AND Civil Appeal No. 49 of 1962 Mian MUHAMMAD AFZAL AND OTHERS-Appellants versus THE ADMINISTRATOR OF THE (CITY CORPORATION) OF THE LAHORE-Respondent
Law: Land Acquisition Act (I of 1894)
Section:
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 7th March 1960, in Civil Revisions Nos. 87 and 88 of 1959). Special Leave to Appeal to Supreme Court--Granted to consider whether provision in question had retrospective operation [Land Acquisition Act (I of 1894), S. 18 (3)]-Subsection (3) added by S. 8, Land Acquisition (Punjab Amendment) Act (XII of 1954)-Constitution of Pakistan (1956), Art. 160. Land Acquisition Act (I of 1894), S. 18 (3) read with S. 9 and S. 2, and with Land Acquisition (Punjab Amendment) Act (XII of 1954), S. 8-Words "shall be deemed to have been added" occurring in S. 8, Act (XII of 1954)-Do not give retros pective operation to subsection (3) of S. 18 of Act (I of 1894) Objector owner's "vested rights" governed by law prevailing on date of Collector's notice under S. 9-Added subsection (3) of S. 18 of Act (I of 1894) not in existence on such date-Corporation (acquiring local authority) not competent to move Court under S. 18 (3) of Act (I of 1894)-Corporation not entitled to get any reduction in award in terms of S. 25-[Administrator, City of Lahore Corporation v. Mst. Mahbub Fatima and others P L D 1960 Lah. 619 reversed]. JUDGMENT CORNELIUS, C. J.--This judgment relates to two Civil Appeals, namely, No. 48 of 1962, by Mst. Mahbub Fatima and eight others, and No. 49 of 1962, by Mian Muhammad Afzal and two others, in each case against the Administrator of the Corporation of Lahore City. Each case arises out of proceedings in the compulsory acquisition of land by the Pro vincial Government for the use of the Corporation, being a local authority. The appellants are in each case "persons interested" in the land acquired, and the compensation awarded therefore The relevant dates are the same in both cases, that is to say, the notifications under section 4 of the Land Acquisition Act intimating the opinion of the Government that the land was needed for a public purpose were issued on the 13th December 1952, and after scrutiny and measurement etc., declarations under section 6 of the Act which furnish "conclusive proof" that…