2015 PLP 154 (GBLR)
FAQIR SHAH and another — Petitioners Versus PROVINCIAL GOVERNMENT and others — Respondents
| Citation | 2015 PLP 154 (GBLR) |
| Forum / Court | Supreme Appellate Court |
| Bench Members | N/A |
| Parties | FAQIR SHAH and another — Petitioners Versus PROVINCIAL GOVERNMENT and others — Respondents |
| Primary Law | Land Acquisition Act (I of 1894) |
Q1: What are the key laws and sections cited in 2015 PLP 154 (GBLR)?
This judgment primarily cites: Land Acquisition Act (I of 1894) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2015 PLP 154 (GBLR)?
The case was heard and decided by the Supreme Appellate Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2015 PLP 154 (GBLR) (FAQIR SHAH and another — Petitioners Versus PROVINCIAL GOVERNMENT and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----Ss. 4, 10, 11, 18 & 23---Acquisition of land---Determination of compensation---Reference to Court---Claim of petitioner/landowner whose land was acquired for construction of school, was that his land was adjacent to the land of two other persons near main road; that Revenue Field Staff assessed the price of land of the petitioner at Rs.60,000 per kanal whereas land of other person (adjacent) was assessed at Rs.1,20,000 per kanal, despite the lands were situated at the same place, such land, though had potential value, but was assessed at the lower price---Land Acquisition Judge, on reference, granted relief to the petitioner, partially and dismissed the reference---Petitioner being aggrieved by and dissatisfied with the order of the Land Acquisition Judge, filed appeal before the Chief Court, which also granted partial relief to the petitioner to the extent of compound interest from the date of acquiring land till the date of possession; but declined to enhance the rate of land as prayed for by the petitioner---Petitioner had prayed that he could be compensated equally amongst the equals---Advocate-General had contended that judgment passed by Chief Court and the Referee Judge, were illegal and unjustified and were liable to be set aside---Advocate General had submitted that petitioner had gifted 5 kanals and 2 marlas barren land for construction of the school and that none of the persons, whose land was included by the Committee in the school construction had raised objection against the award of the Collector, except the petitioner, who despite of obtaining employment and compensation had filed reference petition in the court against the award---Validity---Petitioner along with others had manouvred and succeeded with the collusion of Revenue Field Staff, obtained award and compensation of his barren land at the rate of Rs.60,000 per kanal---Petitions for leave to appeal were converted into appeal by the Supreme Appellate Court and disposed of with the modification i.e., the impugned judgment passed by Chief Court to the extent of the compound interest payable to the petitioner at 8% per annum (from the date of acquisition of land to the payment of award only), by agreeing with the judgment in reference passed by the Referee Court.
- Sharif Ahmed, Advocate for Petitioners (in C.P.L.A. No. 50 of 2011).
- Sharif Ahmed, Advocate for Respondents (in C.P.L.A. No. 1 of 2015).
- Sher Madad, Advocate General GB for Respondents (in C.P.L.A. No. 50 of 2011).
- Sher Madad, Advocate General GB for Petitioners (in C.P.L.A. No. 1 of 2012).
- 2. On the other hand, the learned Advocate General GB on behalf of the respondents Nos. 1 to 3 in the instant petition and a connected appeal No. C.P.L.A. 01/2012 on behalf of the Provincial Government being petitioner contended that the impugned judgment passed by the learned Chief Court Gilgit-Baltistan in CFA No. 21/2006 dated 20.09.2012 and the judgment passed in Reference No. 03/2006 dated 28.10.2006 passed by the Referee Judge, as both are illegal and unjustified and according to him, the same are liable to set aside. He further submits that in the year 1980 on the demand of the people of Jalalabad a Boys High School has been established at Jalalabad Tehsil and District Gilgit. For this purpose the barren land 05 Kanals 02 Marlas of the petitioner was included as he gifted the same for school. Provision of land for construction of school was undertaken by the School Committee themselves with the demand that employment of grade-1 in the school shall be given to the person who donated land for the school. He further added that the barren land measuring 05 Kanals 02 Marlas was provided by Faqir Shah as gifted to the School in collusion with the Revenue Field Staff succeeded in including his name/gifted barren property, in the award and after being paid compensation, filed the Reference Petition under section 18 of Land Acquisition Act, for enhancement of rate of compensation. He contended that none of the persons whose land was included by the committee in the School construction raised objections against the award of the Collector except the petitioner who despite of obtaining employment and compensation filed Reference Petition in the Court against the award dated 28.06.1997, the same reference was partially accepted against which, he filed appeal in the Chief Court. In the impugned judgment dated 20.06.2011 by modifying the judgment of Referee Court i.e. the compound interest be paid to the petitioner w.e.f. 01.01.1980 till 13.05.2005 instead of 28.06.1997 to 13.05.2005.
- 3. We have heard both the learned counsel for the petitioners as well as the respondents, perused the record and gone through the impugned judgments of both the Courts below. In our considered view the arguments advanced by the learned Advocate General GB has force, as the petitioner namely Faqir Shah donated land measuring 05 (Five) Kanals and 02 (two) Marlas from his barren land for the construction of School at Jalalabad Gilgit and in lieu thereof he was compensated as agreed by giving employment to him in Grade-01 in the said School. He further submitted that the petitioner in C.P.L.A. No.50/2011 and respondent in C.P.L.A. No.01/2012, subsequently, he manoeuvred and succeeded with the collusion of Revenue Field Staff obtained award and compensation thereto of his barren land admeasuring 04 (four) Kanals and 11 (eleven) Marlas @ Rs. 60,000/- per Kanal.
Headnotes / Summary
Ss. 4, 10, 11, 18 & 23
Claim of petitioner/landowner whose land was acquired for construction of school, was that his land was adjacent to the land of two other persons near main road; that Revenue Field Staff assessed the price of land of the petitioner at Rs.60,000 per kanal whereas land of other person (adjacent) was assessed at Rs.1,20,000 per kanal, despite the lands were situated at the same place, such land, though had potential value, but was assessed at the lower price
Land Acquisition Judge, on reference, granted relief to the petitioner, partially and dismissed the reference
Petitioner being aggrieved by and dissatisfied with the order of the Land Acquisition Judge, filed appeal before the Chief Court, which also granted partial relief to the petitioner to the extent of compound interest from the date of acquiring land till the date of possession; but declined to enhance the rate of land as prayed for by the petitioner
Petitioner had prayed that he could be compensated equally amongst the equals
Advocate-General had contended that judgment passed by Chief Court and the Referee Judge, were illegal and unjustified and were liable to be set aside
Advocate General had submitted that petitioner had gifted 5 kanals and 2 marlas barren land for construction of the school and that none of the persons, whose land was included by the Committee in the school construction had raised objection against the award of the Collector, except the petitioner, who despite of obtaining employment and compensation had filed reference petition in the court against the award
Petitioner along with others had manouvred and succeeded with the collusion of Revenue Field Staff, obtained award and compensation of his barren land at the rate of Rs.60,000 per kanal
Petitions for leave to appeal were converted into appeal by the Supreme Appellate Court and disposed of with the modification i.e., the impugned judgment passed by Chief Court to the extent of the compound interest payable to the petitioner at 8% per annum (from the date of acquisition of land to the payment of award only), by agreeing with the judgment in reference passed by the Referee Court.
Judgment & Decree
DR. RANA MUHAMMAD SHAMIM, C.J.
The learned counsel for the petitioner submits that in the year 1997 the valuable land of the petitioner and 03 others persons has been acquired by the respondent No. 03 i.e. the Director Education Gilgit-Baltistan for construction of High School in Jalal-abad Tehsil and District Gilgit which was adjacent to the land of two others persons near main road. He further submitted that at the time of acquiring of land the Revenue Field Staff assessed the price of the land of the petitioner and one Syed Muhamad Hussain @ Rs. 60000/- per kanal whereas, the land at the adjacent land of one Ghullam Jan and Ibrahim Shah was assessed @ Rs.1,20,000/- per kanal in spite of the fact that all the lands are adjacent to each other and situated at the same place have said potential value yet the price of the land of the petitioner was less assessed. He further submits that the petitioner has filed a reference under section 18 of Land Acquisition Act before the Land Acquisition Judge, who consequently, pleased to grant relief to the petitioners partially and dismissed the reference. The petitioner being aggrieved by and dissatisfied with the order of the learned Land Acquisition Judge filed appeal before the learned Chief Court Gilgit-Baltistan on 20.09.2011. Upon hearing the learned Chief Court Gilgit-Baltistan vide impugned judgment/order dated 20.09.2011 in CFA No. 21/2006 granted partial relief to the petitioner to the extent of compound interest from the date of acquiring the land i.e. with effect from 1980 to till the date of possession i.e. 2005 and declined to enhance the rate of the land of the petitioner as prayed. The learned counsel for the petitioners also contends that the petitioner was also entitled to be paid the rate which has already been paid to the other lands owner adjacent to his land as such he has been discriminated without showing any cause and reasons. Finally he prayed that he may be compensated equally amongst the equals.
2. On the other hand, the learned Advocate General GB on behalf of the respondents Nos. 1 to 3 in the instant petition and a connected appeal No. C.P.L.A. 01/2012 on behalf of the Provincial Government being petitioner contended that the impugned judgment passed by the learned Chief Court Gilgit-Baltistan in CFA No. 21/2006 dated 20.09.2012 and the judgment passed in Reference No. 03/2006 dated 28.10.2006 passed by the Referee Judge, as both are illegal and unjustified and according to him, the same are liable to set aside. He further submits that in the year 1980 on the demand of the people of Jalalabad a Boys High School has been established at Jalalabad Tehsil and District Gilgit. For this purpose the barren land 05 Kanals 02 Marlas of the petitioner was included as he gifted the same for school. Provision of land for construction of school was undertaken by the School Committee themselves with the demand that employment of grade-1 in the school shall be given to the person who donated land for the school. He further added that the barren land measuring 05 Kanals 02 Marlas was provided by Faqir Shah as gifted to the School in collusion with the Revenue Field Staff succeeded in including his name/gifted barren property, in the award and after being paid compensation, filed the Reference Petition under section 18 of Land Acquisition Act, for enhancement of rate of compensation. He contended that none of the persons whose land was included by the committee in the School construction raised objections against the award of the Collector except the petitioner who despite of obtaining employment and compensation filed Reference Petition in the Court against the award dated 28.06.1997, the same reference was partially accepted against which, he filed appeal in the Chief Court. In the impugned judgment dated 20.06.2011 by modifying the judgment of Referee Court i.e. the compound interest be paid to the petitioner w.e.f. 01.01.1980 till 13.05.2005 instead of 28.06.1997 to 13.05.2005.
3. We have heard both the learned counsel for the petitioners as well as the respondents, perused the record and gone through the impugned judgments of both the Courts below. In our considered view the arguments advanced by the learned Advocate General GB has force, as the petitioner namely Faqir Shah donated land measuring 05 (Five) Kanals and 02 (two) Marlas from his barren land for the construction of School at Jalalabad Gilgit and in lieu thereof he was compensated as agreed by giving employment to him in Grade-01 in the said School. He further submitted that the petitioner in C.P.L.A. No.50/2011 and respondent in C.P.L.A. No.01/2012, subsequently, he manoeuvred and succeeded with the collusion of Revenue Field Staff obtained award and compensation thereto of his barren land admeasuring 04 (four) Kanals and 11 (eleven) Marlas @ Rs. 60,000/- per Kanal.
4. In view of the above, both the petitions i.e. 50/2011 filed by the petitioner Faqir Shah and the Civil Petition No. 01/2012 filed by the Provincial Government etc are converted into appeals and disposed of with the modification i.e. the impugned judgment in CFA-21/2006 dated 20.09.2011 passed by the learned Chief Court Gilgit-Baltistan to the extent of the compound interest payable to Faqir Shah Petitioner/ Respondent @ 8% per annum with effect from 28.06.1997 to 13.05.2005 (from the date of Acquisition of Land to the date of payment of award only) by agreeing with the judgment in Reference Petition No.03/2006 dated 28.10.2006 passed by the learned Additional District Judge Gilgit. Both appeals are disposed of in the above terms with or no order to cost. HBT/206/GB Order accordingly.