Law:

Section:

(a) Land Acquisition Act (I of 1894)-------Ss. 4, 5-A, 9, 18 & 49---Civil Procedure Code (V of 1908), S.9---Land acquisition---Award by Land Acquisition Collector made without complying with mandatory provisions of Land Acquisition Act, 1894,---Suit for declaring such award to be void and without jurisdiction---Trial Court decreed suit, but Appellate Court observed that civil court lacked jurisdiction to entertain such suit with direction to plaintiff to avail remedy under Land Acquisition Act, 1894---Validity---Cases falling within ambit of Ss.5-A, 18 & 49 of Land Acquisition Act, 1894 impliedly barred jurisdiction of civil court to entertain suits---Where jurisdiction of civil court was expressly barred, even there civil court would have jurisdiction to try cases especially where provisions. of Land Acquisition Act, 1894, had not been complied with or Special Forums or Tribunal had not followed procedure provided by Special Act or had acted mala fide---Chief Court accepted appeal, set aside impugned and restored that of Trial Court. 2001 SCMR 398; 1998 CLC 27; PLD 1963 SC 671; 1999 CLC 422 and 2003 CLC 422 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 9---Section 9, C.P.C. is based on principle of law "ubi jus ibi remedium" (where there is right there is remedy). (c) Civil Procedure Code (V of 1908)--- ----S. 9---Land Acquisition Act (I of 1894), Preamble---Jurisdiction of civil Court, if expressly barred, it would still have jurisdiction to entertain suits in certain matters---Principles. Where jurisdiction of civil court has been barred expressly, even then civil court would have jurisdiction to try case, where provisions of the Land Acquisition Act, 1894 have not been complied with or the special Forum or Tribunal has not followed the procedure provided by the special Act or has acted mala fide. 2001 SCMR 398; 1998 CLC' 27; PLD 1963 SC 671; 1999 CLC 422 and 2003 CLC 422 rel. Ghulam Haider for Appellants. Advocate-General for Respondents Nos.1 and 2. Sardar A.E.E. rep. for Respondents Nos.3 and 4. Date of hearing: 14th June, 2006. JUDGMENT MUZAFFAR ALI, J.--- This second appeal assails the judgment/order dated 9-7-2005, whereby the learned…

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