2005 PLP 1289 (SCMR)
MULTAN DEVELOPMENT AUTHORITY — Petitioner Versus ASHIQ MUHAMMAD KHAN and another — Respondents
| Citation | 2005 PLP 1289 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Tanvir Ahmed Khan and Khalil-ur-Rehman Ramday, JJ |
| Parties | MULTAN DEVELOPMENT AUTHORITY — Petitioner Versus ASHIQ MUHAMMAD KHAN and another — Respondents |
| Primary Law | Punjab Acquisition of Land (Housing) Act (VIII of 1973) |
Q1: What are the key laws and sections cited in 2005 PLP 1289 (SCMR)?
This judgment primarily cites: Punjab Acquisition of Land (Housing) Act (VIII of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1289 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Tanvir Ahmed Khan and Khalil-ur-Rehman Ramday, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1289 (SCMR) (MULTAN DEVELOPMENT AUTHORITY — Petitioner Versus ASHIQ MUHAMMAD KHAN and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Anwar Kamal, Advocate Supreme Court with Faizur Rehman, Advocate-on-Record for Petitioner.
- Amir Alam Khan, Advocate Supreme Court for Respondents.
- Date of hearing: 25th March, 2003.
Headnotes / Summary
(On appeal from the judgment dated 7-12-2001 of the Lahore High Court, Multan Bench, Multan, passed in Civil Revision No.68-D of 1997).
S. 6(1)
Constitution of Pakistan (1973), Art.185(3)
Public notice as well as personal notice to owners and interested persons
Non-service of such statutory notices
Effect
Leave to appeal was granted by Supreme Court to consider, inter alia, whether apart from public notice as envisaged under S.6(1) of Punjab Acquisition of Land (Housing) Act, 1973, was it also necessary to serve personal notice on all owners of land and claimants of interest in such land; whether non-service of personal service would vitiate acquisition proceedings and whether statutory notices contemplated in various provisions of the Act were intended for purpose of assessment of compensation only or were also meant to provide an opportunity to affected persons to object to acquisition of land sought to be acquired.
Judgment & Decree
TANVIR AHMED KHAN, J.
Leave to appeal is sought against the judgment, dated 7-12-2001 whereby a learned Single Judge of the Lahore High Court, Multan Bench, Multan, dismissed the civil revision filed by the petitioner. It is pertinent to mention here that leave, on the issues which are now urged by the petitioner, was granted by this Court in Civil Petition No.1434/L of 1996. (Lahore Development Authority v. W.Z. Studios and others) on 30-11-1996. However, this case was subsequently, withdrawn by the parties because of a compromise reached between them. After hearing the learned counsel for the parties, we grant leave to consider, inter alia, (1) whether apart from the public notice envisaged under section 6(1) of Punjab Acquisition of Land (Housing) Act VIII of 1973, is it also necessary to serve personal notice on all the owners of the land and claimants. of interest in such land; (2) whether non-service of personal notice would vitiate the acquisition proceedings; and (3) whether the statutory notices contemplated in various provisions of the Act are intended for the purpose of assessment of compensation only or they are also meant to provide an opportunity to the affected persons to object to the acquisition of the land sought to be acquired. S.A.K./M-819/S Leave granted.