2006 PLP 402 (SCMR)
DEFENCE DEPARTMENT OF PAKISTAN through Secretary Ministry of Defence — Petitioner Versus PROVINCE OF PUNJAB and another — Respondents
| Citation | 2006 PLP 402 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Iftikhar Muhammad Chaudhry, C.J and Tassadduq Hussain Jillani, J |
| Parties | DEFENCE DEPARTMENT OF PAKISTAN through Secretary Ministry of Defence — Petitioner Versus PROVINCE OF PUNJAB and another — Respondents |
| Primary Law | Land Acquisition Act (I of 1894) |
Q1: What are the key laws and sections cited in 2006 PLP 402 (SCMR)?
This judgment primarily cites: Land Acquisition Act (I of 1894) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 402 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry, C.J and Tassadduq Hussain Jillani, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 402 (SCMR) (DEFENCE DEPARTMENT OF PAKISTAN through Secretary Ministry of Defence — Petitioner Versus PROVINCE OF PUNJAB and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Yawar Ali Khan, D.A.-G., Rao Muhammad Yousaf Khan, Advocate-on-Record and Mad, S.D.O. for Petitioner.
- Nemo for Respondents.
- Date of hearing: 23rd January, 2006.
Headnotes / Summary
(On appeal from the judgment, dated 20-10-2005 passed by Lahore High Court, Lahore in R.F.A. No.187 of 2000).
S. 18
Constitution of Pakistan (1973), Art.185(3)
Reference against compensation, filing of
Reference under S.18 of Land Acquisition Act, 1894, before Referee Court, by a beneficiary was not competent
Leave to appeal was refused. Pakistan v. Abdul Hayee Khan PLD 1995 SC 418 ref.
Judgment & Decree
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.
This petition has been filed against the judgment, dated 20th October, 2005 passed by Lahore High Court, Lahore in R.F.A. No.187 of 2000.
2. Learned Deputy Attorney-General contended that the Referee Court dismissed the reference without any legal justification. When his attention has been drawn towards the case of Pakistan v. Abdul Hayee Khan PLD 1995 SC 418, wherein it has been held that, appellants being beneficiaries of the land acquired, had no right to challenge the compensation given to the deprived owners of the land by the competent Court, he stated that the view so taken by the Court is required to be revisited. We are not inclined to agree with the contention of learned Deputy Attorney-General for the reason that Full Bench of this Court on having taken into consideration all attending circumstances of the case and the law on the subject, had formed the opinion that a reference under section 18 of the Land Acquisition Act, 1894 before the Referee Court A by a beneficiary, is not competent, therefore, no case for revisiting the earlier view taken by a Full Bench of this Court in reported judgment, is made out. Thus, for the foregoing reason, petition is dismissed. M.H./D-2/SC?????????????????????????????????????????????????????????????????????????????????????? Petition dismissed.