HABIB ULLAH vs LAND ACQUISITION COLLECTOR and others
This petition for leave to appeal arises out of a judgment of the Lahore High Court dismissing the petitioner's Intra Court Appeal, which had maintained the dismissal of his writ petition regarding the determination of compensation for orchards acquired for the Jubilee Town Housing Scheme. The core legal question was whether constitutional jurisdiction under Article 199 of the Constitution of Pakistan, 1973 could be invoked to determine questions of fact regarding compensation for trees when a statutory remedy via reference under the Land Acquisition Act, 1894 was available. The Supreme Court held that the determination of compensation for trees is a question of fact that cannot be resolved in the exercise of constitutional jurisdiction, and the aggrieved party must avail the statutory remedy of reference provided under the law. Consequently, the Supreme Court refused leave to appeal, holding that disputed questions of fact regarding land acquisition awards must be agitated through statutory forums rather than constitutional petitions.
- Can the determination of compensation for trees and orchards be made in the exercise of constitutional jurisdiction?
- Does a landowner have a statutory remedy of reference under the Land Acquisition Act 1894 to challenge an award?
- Whether a constitutional petition is maintainable when an adequate statutory remedy is available under the Land Acquisition Act 1894?
- Section 4, Land Acquisition Act 1894
- Section 17(3), Land Acquisition Act 1894
- Section 18, Land Acquisition Act 1894
ORDER
1. ' TANVIR AHMED KHAN, J.--- Leave to appeal is sought against the judgment, dated 20-2-2000 whereby I.C.A. No,971 of 2000 filed by the petitioner was dismissed maintaining the earlier determination of the learned Single Judge dated 21-10-1999.
2. ' The facts briefly narrated are that the Lahore Development Authority acquired land inclusive of the petitioner measuring 21 Kanals, 10 Majlas to establish Jubili Town Housing Scheme and a notification in this regard was issued under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act). The award for the land was announced on 28-11-1998. Subsequent thereto, award for the orchards was announced on 4-6-1999.
3. ' The petitioner, being dissatisfied with the latter award, took exception to the same by filing a writ petition, which was dismissed by a learned Single Judge of the Lahore High Court, Lahore, through his order, dated 21-10-1999. The petitioner preferred aforesaid I.C.A. Against the above order, which has also been dismissed by a learned Division Bench of the Lahore High Court through the order, dated 20-2-2000, impugned herein. Hence, this petition for leave to appeal.
4. ' We have considered the contentions advanced by the learned counsel for the petitioner and have gone through the entire documents annexed with this petition. Admittedly the award in this case for orchards was announced on 4-6-1999. The petitioner in the circumstances had got statutory remedy of reference provided under section 18 of the Act. The determination of compensation for trees is admittedly a question of fact which certainly cannot be made in the exercise of Constitutional jurisdiction. The argument of the learned counsel that the provision of section 17(3) of the Act had been violated is devoid of any force, as already stated the award in the terms has already been announced qua orchards. Learned counsel for the petitioner has failed to point out any illegality or legal infirmity in the impugned judgment warranting interference in the impugned judgment.
5. ' Resultantly, for what has been stated above, the present petition being devoid of any merit is hereby dismissed and leave refused.
Cited by 4 cases
- Begum Shahida Ahmad and 3 others vs Registrar, Co-Operative Societies, Lahore and others 2024 YLR 2766
- Faqir Muhammad Rana vs Commissioner Lahore Division Lahore and 3 2021 PLJ Lahore 380
- SADDAQAT ALI KHAN through L.Rs, and others vs COLLECTOR LAND ACQUISITION and others 2010 PLD Supreme Court 878
- Saddaqat Ali Khan (Deceased) through L.Rs. ana others vs Collector, Land Acquisition and others 2010 C.L.R. 1102