| Citation(s) |
|---|
| 2004 SLG 1151 2004 SLD 1151 2004 SCMR 1247 |
Supreme Court of Pakistan
Civil Miscellaneous Application No.586/L of 2003 with Civil Petition No.946/L of 2000, Civil Miscellaneous Application No.587/L of 2003 with Civil Petition No.1012/L of 2000 and Civil .....
IFTIKHAR MUHAMMAD CHAUDHRY, RANA BHAGWANDAS AND SARDAR MUHAMMAD RAZA KHAN, JJ
Ali Akbar Qureshi, Advocate Supreme Court for Petitioner (in Civil Petition No. 946 L of 2000) and for
Respondent No. 12 (in Civil Petition No. 2142 L of 2003).Ch. Mushtaq Ahmed Khan, Senior Advocate Supreme Court with M.S. Khattak, Advocate on-Record for
Civil Miscellaneous Application No.586/L of 2003 with Civil Petition No.946/L of 2000, Civil Miscellaneous Application No.587/L of 2003 with Civil Petition No.1012/L of 2000 and Civil .....
IFTIKHAR MUHAMMAD CHAUDHRY, RANA BHAGWANDAS AND SARDAR MUHAMMAD RAZA KHAN, JJ
Ali Akbar Qureshi, Advocate Supreme Court for Petitioner (in Civil Petition No. 946 L of 2000) and for
Respondent No. 12 (in Civil Petition No. 2142 L of 2003).Ch. Mushtaq Ahmed Khan, Senior Advocate Supreme Court with M.S. Khattak, Advocate on-Record for
C.P. No.946 L of 2000 FAISALABAD DEVELOPMENT AUTHORITY
VS
Raja JAHANGIR NASIR and others C. P. No. 1012 L of 2000 MUNICIPAL CORPORATION, FAISALABAD Vs Raja JAHANGIR NASIR and others C.P. No. 2142 L of 2003 Raja JAHANGIR NASIR and others Vs
Law:
Section:
(a) Civil Procedure Code (V of 1908)-- S. 12(2) Application under S.12(2), C.P.C. is always filed before the Court that tendered final . Abid Kamal's case 2000 SCMR 900 fol. (b) Administration of justice Concession by Law Officer in the Court Requirements Law Officer must not make any statement conceding an issue or a case in Court unless he has been duly instructed in writing by the Competent Authority and an officer not below Grade 17 is present to Court to verify and reiterate such instructions In all such cases the presence of the officer must be recorded in the order of the Court and the written instructions made a part of the record of the Court. PLD 2003 Journal 95 and Pakistan Railways v. Muhammad Sharif Javaid Warsi PLD 2003 SC 6 ref. (c) Land Acquisition Act (1 of 1894) S. 3(b) Constitution of Pakistan (1973), Art.199 Constitutional jurisdiction of High Court under Art. 199 of the Constitution Scope ¬Land acquisition Title of land in question was disputed by the department even prior to the institution of the Constitutional petition by the landowner Held, it was incumbent upon the alleged landowners that once their title was disputed, they ought to have had resorted to the Court of plenary jurisdiction High Court, as a Court exercising Constitutional jurisdiction under Art. 199 of the Constitution, could not go into the disputed question of title and could not have the opportunity of recording evidence of the parties, the resort in the circumstances must have been made to the Court of original jurisdiction having power to declare or not to declare the title in question. (d) Land Acquisition Act (1 of 1894) -- S. 3(b) Acquisition of land Claimants of alternate land in lieu of money compensation have no right at all under the law to be so compensated through a transfer of any other land in the alternative as entire scheme of the Land Acquisition Act, 1894 is devoid of such arrangement. (e) Land Acquisition Act (1 of 1894) -- Ss. 3(b), 23, 24 & 25 "Person interested" within the contemplation of S.3(b), Land Acquisition Act, 1894 cannot be granted any land in the alternative for the land acquired from him for a public purpose Law envisaged the grant…
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