| Citation(s) |
|---|
| 1987 SLG 359 1987 SLD 359 1987 SCMR 438 |
Supreme Court of Pakistan
Civil Appeal No. 291 of 1979, decision dated: 8-12-1986.(From the judgment and order, dated 11-3-1979 of the Peshawar High Court, Circuit Bench at Abbottabad, passed in Regular First Appeal No. 1 of 1977)
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, SHAFIUR RAHMAN, JAVID IQBAL AND ALI HUSSAIN QAZILBASH, JJ
Qazi Abdur Rashid, Advocate Supreme Court with Imtiaz Muhammad Khan, Advocate-on-Record for Appellant. Bashir Ahmad Ansari, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for
Respondents Nos. 1 to 11.
Civil Appeal No. 291 of 1979, decision dated: 8-12-1986.(From the judgment and order, dated 11-3-1979 of the Peshawar High Court, Circuit Bench at Abbottabad, passed in Regular First Appeal No. 1 of 1977)
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, SHAFIUR RAHMAN, JAVID IQBAL AND ALI HUSSAIN QAZILBASH, JJ
Qazi Abdur Rashid, Advocate Supreme Court with Imtiaz Muhammad Khan, Advocate-on-Record for Appellant. Bashir Ahmad Ansari, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for
Respondents Nos. 1 to 11.
MUHAMMAD SHAH
VS
Sub. Major SAFDAR ZAMAN KHAN and another
Law:
Section:
(a) Constitution of Pakistan (1973)---Art. 185(3)--Land Acquisition Act (I of 1894), Ss. 4, 17 & 30 Compensation for improvements over acquired land--Leave to appeal granted to consider whether on asking of one co-sharer (appellant). if it was accepted that he alone made improvements in Shamilat land which was in his possession beyond his share and that too before Notification under S. 4 of Land Acquisition Act, 1894, he alone was entitled to receive compensation for improvements over the land. (b) Land Acquisition Act (I of 1894)- ---Ss. 4, 17 & 30--Compensation for improvements over acquired land--No evidence brought forth on record by appellant that he did improve upon the land as a result of which its nature from Banjar Qadeem to Chahi Aabi was changed--Appellant in his statement at trial himself admitting that he did not sink any well in area in his possession and that he did not build any house on suit property--Mere leveling of land, cleaning of bushes and herbs does not come under the purview of improvement--Appellant having failed to establish that he had made any improvement in disputed land, Court, held, was justified in turning down his prayer for compensation for improvements. (c) Civil Procedure Code (V of 1908)-- ---S. 11--Land Acquisition Act (I of 1894), S. 30--Res judicata, principle of--Contention that on appellant's objection-petition Acquisition Judge in his had allowed compensation for improvement and since no appeal had been filed against that , same became final and respondent's appeal was hit by principle of res judicata was not sustainable--Judgment of Acquisition Judge having been struck down by High Court through impugned and same not remaining in field, question, therefore, that respondents appeal before High Court was hit by principle of res judicata, held, would not arise. JUDGMENT ALI HUSSAIN QAZILBASH, J.-- This appeal arises from the judgment and order of a Division Bench of the Peshawar High Court, Circuit Bench at Abbottabad, dated 11-3-1979, whereby the regular first appeal of Subedar Major Safdar Zaman Khan and others was accepted and judgment and decree of the trial Court, dated 29-11-1976 was set aside. 2. Land…
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