Law:

Section:

Land Acquisition Act (I of 1894)-------Ss. 23 & 54---Civil Procedure Code (V of 1908), S.110 & O.XLV, R.1---Supreme Court Rules, 1980, O.XII, R.2 & O.XXVI, R.1---Constitution of Pakistan (1973), Arts.188, 185(2)(d) & (3)---Land acquisition---Compensation, determination of---Dismissal of first appeal by High Court---Petition for leave to appeal against impugned instead of filing direct appeal under S.54 of Land Acquisition Act, 1894---Refusal of Supreme Court to convert such petition into appeal due to applicability of statutory provision and while treating same as direct appeal dismissed same as time-barred and on merits---Petition for review of such of Supreme Court on ground of non-taking into consideration question of limitation in its true perspective---Validity---After omission of S.110, C.P.C., rigours thereof applicable to appeals under S.54 of Land Acquisition Act, 1894 had been diluted---Remedy of direct appeal under S.54 of the Act was proper remedy, which had not been availed within time---Period of limitation for direct appeal under S.54 of Act had expired much before 16-10-1998, when petitioner filed petition for leave to appeal against of High Court dated 19-11-1997 after excluding period lawfully consumed in obtaining its certified copy---Question of limitation was discretionary in nature, which Supreme Court had declined to examine in absence of application for condonation of delay by petitioner---Such exercise of discretion by Supreme Court being made judiciously was not open to review---Petitioner had not made out a case for review of impugned made on merits also---Review petition was dismissed in circumstances. Abdur Rauf Khan v. Land Acquisition Collector 1991 SCMR 2164; Chairman, N.-W.F.P. Forest Development Corporation v. Khurshid Anwar Khan 1992 SCMR 1202; Hyderabad Development Authority v. Abdul Majeed PLD 2002 SC 84; Taza Gui v. Fazal Subhan 2006 SCMR 504; Zulfiqar v. Shahadat Khan PLD 2007 SC 582 and Imtiaz Ali v. Atta Muhammad PLD 2008 SC 462 ref. WAPDA v. Saadullah Khan 1999 SCMR 319 rel. Malik Noor Muhammad Awan, Advocate Supreme Court for Petitioners. Raja Muhammad Ibrahim Satti, Advocate Supreme Court for…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492