| Citation(s) |
|---|
| 2001 SLG 1594 2001 SLD 1594 2001 SCMR 1806 |
Supreme Court of Pakistan
Civil Appeals Nos. 545, 544 and 546 of 1998, decision dated: 18-04-2001, hearing DATE : 24-01-2001
MUHAMMAD BASHIR, JEHANGIRI, NAZIM HUSSAIN SIDDIQUI AND RANA BHAGWAN DAS, JJ
Dr. A. Basit, Advocate Supreme Court and Mehdi Khan Mehtab, Advocate-on-Record (absent) for Appellants (in C.A. No. 545 of 1998). Sh. Khalil-ur-Rehman, Advocate Supreme Court and S. Abul Aasim Jafari, Advocate-on-Record for Appellants (in C.A. No. 546 of
Civil Appeals Nos. 545, 544 and 546 of 1998, decision dated: 18-04-2001, hearing DATE : 24-01-2001
MUHAMMAD BASHIR, JEHANGIRI, NAZIM HUSSAIN SIDDIQUI AND RANA BHAGWAN DAS, JJ
Dr. A. Basit, Advocate Supreme Court and Mehdi Khan Mehtab, Advocate-on-Record (absent) for Appellants (in C.A. No. 545 of 1998). Sh. Khalil-ur-Rehman, Advocate Supreme Court and S. Abul Aasim Jafari, Advocate-on-Record for Appellants (in C.A. No. 546 of
Messrs MEHRAJ FLOUR MILLS and others
VS
PROVINCIAL GOVERNMENT and others
Law:
Section:
(a) Land Acquisition Act (I of 1894) S. 55Punjab Land Acquisition Rules, 1983, Rr.7 & 8Leave to appeal was granted by Supreme Court to consider, whether Rr.7 & 8 of Punjab Land Acquisition Rules, 1983 were ultra vires of S.55 of Land Acquisition Act, 1894; and if Rr.7 & 8 of Punjab Land Acquisition Rules, 1983 were inconsistent with the provisions contained in S.55 of Land Acquisition Act, 1894, then what was the legal effect of the inconsistency. (b) Interpretation of statutes Consistency of Rule with present ActScopeTestRule should always be consistent with the Act and no Rule shall militate or render the provisions of the Act ineffectiveTest of consistency is whether the provisions of the Act and that of the Rules can stand togetherMain object of the rule is to implement the provisions of the Act and in case of conflict between the two the Rule must give way to the provisions of the ActRules, in any case, shall not be repugnant to the enactment under which they are made. Maj. Matloob Ali Khan v. Additional District Judge, East Karachi and another 1988 SCMR 747 ref. (c) Land Acquisition Act (I of 1894) Ss. 4, 5 & 55Punjab Land Acquisition Rules, 1983, Rr.7 & 8Expression 'at any time as appearing in S.5, Land Acquisition Act, 1894ScopeVires of Rr.7 & 8 of Punjab Land Acquisition Rules, 1983No time has been fixed inbetween preliminary notification under S.4 of Land Acquisition Act, 1894, and second notification under S.S of the Act, therefore, the expression "at any time" assumes pivotal role for interpretation of S.5 of Land Acquisition Act, 1894, which leaves the limitation period to be determined in each case on its own merits Expression 'at any time' though cannot be interpreted to mean a year or otherwise but certainly can be interpreted to mean within reasonable time, which of course would be determined in each case looking at its own circumstancesGovernment under the provision's of S.55 of Land Acquisition Act, 1894 has powers to make rules, which have to be consistent with the provisions of the Land Acquisition Act, 1894Provisions of Rr.7 & 8 of Punjab Land Acquisition Rules, 1983, ex facie, militate against the provisions…
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