Case Details

Citation(s)
1995 SLG 777 1995 SLD 777 1995 PLD 418
Supreme Court of Pakistan
Civil Appeal No.109 of 1992, decision dated: 26-03-1995,
SAIDUZZAMAN SIDDIQU4 RAJA AFRASIAB KHAN AND MUKHTARAHMAD, JUNEJO, JJ
Sh. Maqbool Ahmed, Dy. Attorney-General instructed by S. Abul Assim Jaferi, Advocate-on-Record (absent) for Appellants.

PAKISTAN through Military Estate Officer, Kharian Cantt. and another

VS

ABDUL HAYEE KHAN through Legal Heirs and 5 others

Law:

Section:

(a) Land Acquisition Act (I of 1894)-------Ss. 18 & 50---Constitution of Pakistan (1973), Art.185(3)---Beneficiaries of land acquired whether had no right to challenge compensation given to deprived owners of land by competent Court---Leave to appeal was granted on the ground that in reported as 1991 SCMR 2193 no note was taken of Punjab Law/Amendments and that there was also another of Supreme Court in Civil Appeal No. 389 of 1986, decided on 8-10-1991. 1991 SCMR 2193 and Government of Pakistan through Ministry of Defence, Islamabad v. Maulvi Ahmed Saeed and another Civil Appeal No.389 of 1986 ref. (b) Land Acquisition Act (I of 1894)--- ----Ss. 18 & 50---Constitution of Pakistan (1973), Art.185---Amendment in Land Acquisition Act, 1894---Party entitled to file reference and appeal---Right of making Reference as well as filing of appeal in so far as Provincial Government was concerned, was not affected by the amendments introduced in Land Acquisition Act, 1894---Appellants being beneficiaries of the land acquired, had no right to challenge the 'compensation given to the deprived owners of the land by the competent Court---Federal Government was not authorised to file appeal against decision of competent Court relating to ,amount of compensation for the acquired land---Judgment of High Court not allowing Government to file appeal against verdict of competent Court relating to compensation for land acquired was maintained in circumstances. Province of Punjab and others v. Naseer-ud-Din and others 1994 SCMR 2091 rel. Province of Punjab and others v. Naseer-ud-Din and others 1994 SCMR 2091; Pir Khan v. Military Estate Officer and others PLD 1987 SC 485; Pakistan Steel Mills Corporation Ltd. v. Deputy Commissioner (East), Karachi and others 1989 SCMR 812; Bahrain Khan and others v. Military Estate Officer and others 1988 SCMR 1160; Government of Pakistan through Ministry of Defence, Islamabad v. Maulvi Ahmed Saeed and another Civil Appeal No.389 of 1986; ICI Pakistan Limited v. Salahuddin and others 1991 SCMR 15; Iftikhar Hussain Shah and others v. Pakistan and others 1991 SCMR 2193; Ezra v. Secretary of State for India ILR 30 Cal. 36; 32 ILR Cal. 605; N:…
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