| Citation(s) |
|---|
| 2009 SLG 1704 2009 SLD 1704 2009 SCMR 749 |
Supreme Court of Pakistan
Civil Review Petition No.34 of 2008 in C.P. No.1634 of 2005, decision dated: 17-09-2008
MIAN SHAKIRULLAH, JAN, ZIA PERWEZ AND SHEIKH HAKIM ALI, JJ
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Civil Review Petition No.34 of 2008 in C.P. No.1634 of 2005, decision dated: 17-09-2008
MIAN SHAKIRULLAH, JAN, ZIA PERWEZ AND SHEIKH HAKIM ALI, JJ
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MUHAMMAD ASHIQ and others
VS
WATER and POWER DEVELOPMENT AUTHORITY, through Chairman and others
Law: Constitution of Pakistan, 1973
Section: 188
Law: Supreme Court Rules, 1980
Section: O.XXVI
Constitution of Pakistan (1973)---Art. 188---Supreme Court Rules, 1980, O.XXVI---Review of Supreme Court ---Scope---Scope of review being very limited, review cannot be treated as a substitute for appeal proceedings---Principles of law and norms as enumerated by the Supreme Court in Abdul Ghaffar-Abdul Rehman and others v. Asghar Ali and others PLD 1998 SC 363 still hold field and cannot be lost sight of while deciding for filing of a petition for review---Trend developed during recent years to challenge each and every through review petition disapproved by the Supreme Court. Abdul Ghaffar-Abdul Rehman and others v. Asghar Ali and others PLD 1998 SC 363 fol. JUDGMENT SHEIKH HAKIM ALI, J.--- Petitioners, Muhammad Ashiq and others have filed the instant Civil. Review Petition No.34 of 2008, against the judgment, dated 11-3-2008, delivered in C.P. No.1634 of 2005, to get it set aside on the ground that the acquisition proceedings initiated by Land Acquisition Collector of the WAPDA were founded on mala fides as pick and choose of the lands was made by the WAPDA. Explaining the point, learned counsel for the petitioners submits that land of Saith Abid and his relatives, was not acquired although the land was situated within the lands which was being acquired by the WAPDA. In other words, according to learned counsel, WAPDA had not complied with the Rule 5 of Punjab Land Acquisition Rules, 1983, which had required WAPDA to acquire the land in compact block. As this method was not adopted in the instant case, therefore, the award was liable to be set aside, resultantly the judgment under review also. 2. On the other hand, learned counsel appearing on behalf of WAPDA has replied that this plea which has now been raised in this review petition was…
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