1995 PLP 1232 (SCMR)
GHULAM KHAN and another‑‑‑Petitioner Versus COLLECTOR, LAND ACQUISITION, MANSEHRA
| Citation | 1995 PLP 1232 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sajjad Ali Shah, CJ, and Muhammad Munir Khan, JJ |
| Parties | GHULAM KHAN and another‑‑‑Petitioner Versus COLLECTOR, LAND ACQUISITION, MANSEHRA |
| Primary Law | Land Acquisition Act (I of 1894)‑‑‑ |
Q1: What are the key laws and sections cited in 1995 PLP 1232 (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 1995 PLP 1232 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sajjad Ali Shah, CJ, and Muhammad Munir Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 PLP 1232 (SCMR) (GHULAM KHAN and another‑‑‑Petitioner Versus COLLECTOR, LAND ACQUISITION, MANSEHRA). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Munir Peracha, Advocate Supreme Court instructed by Ejaz Muhammad Khan, Advocate‑on‑Record for Petitioners.
- Date of hearing: 20th February, 1995.
Headnotes / Summary
(On appeal from the judgment dated 16‑10‑1994 of the Peshawar High Court at Abbottabad in R.FA. No.17 of 1991). ‑‑‑‑S. 13‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Compensation, enhancement of‑‑‑High Court's refusal to enhance amount of compensation on ground of insufficient evidence on record‑‑‑Validity‑‑‑Leave to appeal was granted to consider whether High Court had correctly decided the question of enhancement on the ground of insufficiency of evidence on record; viz. that evidence had not been adduced about the locale of land in question i.e. distance from main Abadi nor in respect of price of land in the close vicinity of land in question.
Judgment & Decree
SAJJAD ALI SHAH, CJ.‑‑‑Mr. Muhammad Munir Peracha, learned counsel for the petitioners, has submitted that in land acquisition proceedings composition has been granted but the High Court has rejected the request for enhancement of compensation and has made the following observation in the impugned judgment: "Frankly speaking it is a case of insufficient evidence on record. There has not been adduced evidence about the locale of the suit land as at what distance the suit land is situate from the main Abadi. There has not been adduced evidence in respect of the price of lands in the close vicinity of the suit land."
2. It is submitted that rejection of request for enhancement of compensation was not justified in view of the observation made above. Leave is granted to consider the above contention. AA./G‑506/S Leave granted.