Case Details

Citation(s)
2008 SLG 1962 2008 SLD 1962 2008 PLD 400
Supreme Court of Pakistan
Civil Petition No.2679 of 2005, decided on 26th March, 2008., (On appeal from the judgment dated 8-8-2005 of the High Court of Sindh, Karachi passed in First Appeal No.21 of 2004).
ABDUL HAMID DOGAR, C.J., CH. EJAZ YOUSAF AND MIAN HAMID FAROOQ, JJ

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

BP PAKISTAN EXPLORATION AND PRODUCTION, through Attorney

VS

SHER ALI KHAWAJA and another

Law:

Section:

(a) Land Acquisition Act (I of 1894)-------S.18---Right and locus standi to either file reference against the award of compensation or appeal against a arising out of the reference under S.18, Land Acquisition Act, 1894---Scope---Beneficiary of the acquired land has no right and locus standi to either file reference against the award of compensation or appeal against a arising out of the reference under S.18, Land Acquisition Act, 1894. Pir Khan through his legal heirs v. Military Estate Officer, Abbottabad and others PLD 1987 SC 485; Pakistan Steel Mills Corporation Limited and others v. Deputy Commissioner (East) Karachi and others 1989 SCMR 812; Iftikhar Hussian Shah and others v. Pakistan through Secretary, Ministry of Defence, Rawalpindi and others 1991 SCMR 2193; Land Acquisition Collector, Abbottabad and others v. Muhammad Iqbal and others 1992 SCMR 1245; Pakistan through Military Estate Officer Kharian Cantt. and another v. Hayee Khan through legal heirs and 5 others PLD 1995 SC 418; Federation of Pakistan and another v. Abdul Hayee Khan and others 1996 SCMR 1389; Defence Department of Pakistan through Secretary Ministry of Defence v. Province of Punjab and another 2006 SCMR 402 and Messrs Union Taxes Pakistan Inc. v. Ahmed and others 2007 CLC 1835 affirmed. (b) Land Acquisition (Sindh Amendment) Ordinance (IV of 1992)-------Preamble---Constitution of Pakistan (1973) Art.128---Land Acquisition (Sindh Amendment) Ordinance, 1992 having not been laid before the Provincial Assembly, could not attain status of an Act and stood repealed at the expiration of three months from its promulgation and thus lost its efficacy on 6-10-1992 as the life of an Ordinance under the Constitution was 90 days. Assistant Commission and Land Acquisition Collector, Badin through Additional Secretary (Revenue), Board of Revenue, Sindh v. Haji Abdul Shakoor through legal heirs and another 1996 CLC 2002 distinguished. Makhdoom Ali Khan, Advocate Supreme Court with M.S. Khattak, Advocate-on-Record for Petitioners. Wasim Sajjad, Senior Advocate Supreme Court with Mehr Khan Malik, Advocate-on-Record for L.Rs. of Respondent No.1. Date of hearing: 25th February, 2008. JUDGMENT MIAN…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

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