PLD 2005

P L D 2005 Karachi 37 (PLP)

SODA and 4 others — Petitioners Versus PROVINCE OF SINDH through Secretary Finance, Karachi and 2 others — Respondents

Jurisdiction / Court
High Court
Decided Date
2004-September-7
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation P L D 2005 Karachi 37 (PLP)
Forum / Court High Court
Bench Members N/A
Parties SODA and 4 others — Petitioners Versus PROVINCE OF SINDH through Secretary Finance, Karachi and 2 others — Respondents
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in P L D 2005 Karachi 37 (PLP)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case P L D 2005 Karachi 37 (PLP)?

The case was heard and decided by the High Court bench comprising: N/A.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: P L D 2005 Karachi 37 (PLP) (SODA and 4 others — Petitioners Versus PROVINCE OF SINDH through Secretary Finance, Karachi and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • Ghulam Rasool Qureshi for Petitioners.

Headnotes / Summary

Ss. 4, 6, 23(2), 28-A & 34

Constitution of Pakistan (1973), Art. 199

Constitutional petition

Acquisition of land

Payment of amount of compensation

Petitioners had prayed that Authorities be directed to deposit it Court compensation amount along with mandatory benefits or, account of delay in payment of amount of compensation Authorities admitted that amount claimed by petitioners was outstanding, but had stated that amount claimed by petitioners included benefits under Ss.23(2), 28-A & 34 of Land Acquisition Act, 1894

Constitutional petition filed by petitioners was objected to by the Authorities contending that disputed questions of tact could not be raised in Constitutional jurisdiction of High Court

Validity

No disputed question of fact was in the case as petitioner had simply sought direction to the Authorities to make payment which were admitted by the Authorities

No factual enquiry was required to be undertaken by High Court in regard to determining legal right of petitioners

High Court directed accordingly and Authorities were to, comply with said directions.

Judgment & Decree

PROVINCE OF SINDH through Secretary Finance, Karachi and 2 others

Respondents C.P. No.D-12 of 2003, decided on 7th September, 2004.

Ss. 4, 6, 23(2), 28-A & 34

Constitution of Pakistan (1973), Art. 199

Constitutional petition

Acquisition of land

Payment of amount of compensation

Petitioners had prayed that Authorities be directed to deposit it Court compensation amount along with mandatory benefits or, account of delay in payment of amount of compensation Authorities admitted that amount claimed by petitioners was outstanding, but had stated that amount claimed by petitioners included benefits under Ss.23(2), 28-A & 34 of Land Acquisition Act, 1894

Constitutional petition filed by petitioners was objected to by the Authorities contending that disputed questions of tact could not be raised in Constitutional jurisdiction of High Court

Validity

No disputed question of fact was in the case as petitioner had simply sought direction to the Authorities to make payment which were admitted by the Authorities

No factual enquiry was required to be undertaken by High Court in regard to determining legal right of petitioners

High Court directed accordingly and Authorities were to, comply with said directions. Ghulam Rasool Qureshi for Petitioners. Masood Noorani, A.A.-G. along with Imdad Hussain L.A.O.