1996SCMR481 (PLP)
MUHAMMAD SARWAR KHAN and others‑‑‑Petitioners Versus GOVERNMENT OF PAKISTAN through Secretary Defence,
| Citation | 1996SCMR481 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saiduzzaman Siddiqui and Mukhtar Ahmad Junejo, JJ |
| Parties | MUHAMMAD SARWAR KHAN and others‑‑‑Petitioners Versus GOVERNMENT OF PAKISTAN through Secretary Defence, |
| Primary Law | Land Acquisition Act (I of 1894)‑‑‑ |
Q1: What are the key laws and sections cited in 1996SCMR481 (PLP)?
This judgment primarily cites: Land Acquisition Act (I of 1894)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996SCMR481 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saiduzzaman Siddiqui and Mukhtar Ahmad Junejo, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996SCMR481 (PLP) (MUHAMMAD SARWAR KHAN and others‑‑‑Petitioners Versus GOVERNMENT OF PAKISTAN through Secretary Defence,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Qazi Abdur Rashid, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate‑on‑Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 30th November, 1994.
Headnotes / Summary
(On appeal from the judgment of Peshawar High Court dated 21‑3‑1994 passed in F.A.O. Nos. 13, 12 and 14 of 1993, respectively). ‑‑‑‑S. 18‑‑‑Civil Procedure Code (V of 1908), O. I, R. 8‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Leave to appeal was granted to consider, whether by mentioning names of all the affectees of acquired land in separate list filed alongwith the objection application filed under S. 18, Land Acquisition Act, 1894 by some of the claimants, the reference to the Court by Collector would be deemed to have been made on behalf of all the affectees of land so as to entitle all of them to the benefit arising from the order of the Court passed on reference; and whether procedure prescribed under O. I, R. 8 , C.P.C. was applicable to proceedings arising under Land Acquisition Act, 1894, if so, whether petitioners who were not specifically made party in proceedings could take advantage of the orders passed from time to time by Courts in respect of acquired land.
Judgment & Decree
SAIDUZZAMAN SIDDIQUI, J.‑‑‑Leave is granted in the above petitions to consider the following legal contentions: (1) Whether by mentioning the names of all the 1070 affectees of the acquired land in a separate list filed alongwith the objection .petition filed under section 18 of the Land Acquisition Act by only some of the claimants, the reference to the Court by the Collector shall be deemed to have been made on behalf of all the affectees of the land so as to entitle all of them to the benefit arising from the order of the Court passed on the reference? (2) Whether the procedure prescribed under Order I, Rule 8, C.P.C. was applicable to proceedings arising under Land Acquisition Act? If so, whether the petitioners who were not specifically made party in the proceedings could take advantage of the orders passed from time to time by the Courts in respect of acquired land? A.A./M‑2276/S Leave granted.