1989 PLP 1036 (SCMR)
ABDUR RASHID KHAN and others Appellants, Versus SWAT TEXTILE MILLS LTD. and others‑‑Respondents
| Citation | 1989 PLP 1036 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah, Shafiur Rahman and Ali Hussain Qazilbash, JJ |
| Parties | ABDUR RASHID KHAN and others Appellants, Versus SWAT TEXTILE MILLS LTD. and others‑‑Respondents |
| Primary Law | Land Acquisition Act (I of 1894)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1036 (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 1989 PLP 1036 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah, Shafiur Rahman and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1036 (SCMR) (ABDUR RASHID KHAN and others Appellants, Versus SWAT TEXTILE MILLS LTD. and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Awan M.Hanif Khan, Advocate Supreme Court and Manzoor Ilahi, Advocate‑on‑Record for Appellants. (Civil Appeal No.40 of 1988).
- Raja M. Akram, Senior Advocate Supreme Court, Samad Mehmud, Advocate Supreme Court and Ch. Ghulam Dastgir, Advocate‑on‑Record for Respondent No.l. (Civil Appeal No.40 of 1988).
- Mian M.Ajmal, Additional Advocate‑General, N.‑W.F.P. and Nur Ahmed Khan, Advocate‑on‑Record (absent) for Respondents Nos.2 and 3. (Civil Appeal No.40 of 1988).
- Maulvi Sirajul Haque, Advocate Supreme Court for Respondent No.4. (Civil Appeal No.40 of 1988).
- Ch. Khalilur Rehman, Senior Advocate Supreme Court, Bashir Ahmad Ansari, Advocate Supreme Court and Ch. Ghulam Dastgir, Advocate‑on‑Record for Respondent No.5. (Civil Appeal No.40 of 1988).
- Qazi Abdur Rashid, Advocate Supreme Court and Manzoor Ilahi, Advocate‑on‑Record for Petitioner. (C.P.LA. No.121‑R/88).
- Raja M. Akram, Senior Advocate Supreme Court, Samad Mehmud, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Respondent No. L (C.P.LA. No.121‑R/88).
- Nemo for Respondents Nos.2 to 4 (in C.P.LA. No.121‑R of 1988).
- Ch. Khalilur Rahman, Senior Advocate Supreme Court, Bashir Ahmad Ansari, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Respondent No.5. (C.P.L.A. No.121‑R/88).
- Date of hearing: 1st March, 1989.
Headnotes / Summary
‑‑‑Ss.4 & 18‑‑Constitution of Pakistan (1973), Art.185(3)‑‑Understanding reached between parties to proceedings whereby respondents had agreed to return surplus acquired land of each appellant /petitioner at the prevailing market price‑ Supreme Court resolved the dispute in accordance with such understanding and directed District Collector to depute a competent Revenue Officer to work out the surplus area of each appellant/petitioner by associating the parties with proceedings‑‑Area not found returnable to appellants/petitioners, by Revenue Officer being in excess of their entitlement, would be available to respondents for disposal at their own risk during the interregnum‑‑Entitlement of the appellants/petitioners only and not of all the land owners had to be worked out.
Judgment & Decree
SHAFIUR RAHMAN, J.‑‑The parties have come to an understanding which appears to us fair and proper. The respondents have agreed to return surplus acquired land of each appellant/petitioner at the prevailing market price of Rs.55,000 per kanal. What remains unresolved is the exact surplus area claimable by each appellant out of the acquired area. We, therefore, direct the District Collector, Abbottabad to forthwith depute a competent Revenue Officer to work out the surplus area of each appellant/petitioner by associating the parties with the proceedings. This exercise of ascertaining the exact area shall be completed within one month from today and signatures of the appellants/petitioners shall be obtained in token of their participation in this exercise. This appeal and petition shall come up on 3‑6‑1989 on which date the appellants/petitioners shall deposit the price as per their entitlement worked out by Revenue Officer. The area found not returnable to the appellants/petitioners by the Revenue Officer, being in excess of their entitlement shall be available to r respondents for disposal at their own risk during the interregnum. A list of the appellants/petitioners in the appeal and petition, with a copy of the Award of the Collector in Land Acquisition case shall be forwarded to the District Collector for this purpose. It is made clear that only the entitlement of the appellants/petitioners, and not of all the land owners has to be worked out. The Registrar shall ensure prompt and faithful compliance of this order, by contacting the District Collector. A.A./A‑432/S Order accordingly.