LAND ACQUISITION COLLECTOR AND Another vs MUHAMMAD SALEEM AND Other
This matter comes before the Supreme Court of Pakistan upon a petition jointly recognized by the parties' counsel as constituting a direct appeal as of right due to the subject amount exceeding Rs. 50,000, having been mistakenly filed as a petition. The core legal question addressed is whether the respondents are entitled to an enhanced rate of compensation regarding their land share as assessed by the High Court, and how to dispose of the improperly designated filing. The court held, based on the joint statement and agreement of the learned counsel for both appellants and respondents, that the respondents are indeed entitled to the enhanced rate of compensation assessed by the High Court in its order dated 1-12-1980. However, the appeal itself stands dismissed as being time-barred, with no order as to costs. The key principle laid down relates to the procedural conversion of a mistaken petition into a direct appeal when meeting the pecuniary threshold, while maintaining the application of limitation periods resulting in the dismissal of a time-barred appeal.
- Can a petition mistakenly filed in the Supreme Court be treated as a direct appeal when the statutory pecuniary threshold is met?
- Whether an appeal agreed upon by the parties regarding enhanced compensation can still be dismissed on the ground of being time-barred?
ORDER
1. SHAH NAWAZ KHAN, J.-The learned counsel for the petitioners submit that by mistake of fact, this petition was submitted in this Court; whereas the petitioners were as of right entitled to lodge a direct appeal before this Court as the amount involved therein is in excess of Rs. 50,000. The learned counsel for the respondents also agrees. This petition is, therefore, to be treated as an appeal before this Court. Notice was given to Mr. Fida Muhammad Khan, Advocate, who appeared on behalf of the respondents and he has accepted this notice. Statement of the learned counsel for the appellants and the learned counsel for the respondents has been recorded wherein they agree that the respondents are entitled' to the enhanced rate of compensation on their share in the land as assessed by the High Court in its order dated 1-12-1980. This appeal stands dismissed as being time-barred, but we pass no order as to costs.