Pakistan Case LawLAND ACQUISITION COLLECTOR And Another Versus AFZAL SHAH
This petition for leave to appeal was filed by the Land Acquisition Collector challenging the judgment of the High Court dated 29th January, 1990, which had enhanced the amount of compensation awarded by the lower forums in favour of the respondent. The core legal question before the court involved the correctness of the High Court's enhancement of compensation in land acquisition matters. The Supreme Court of Pakistan granted leave to appeal to consider the matter alongside a connected pending appeal, Civil Appeal No. 242 of 1990, to be heard on the present record with directions for the parties to file necessary documents for disposal.
- Whether leave to appeal can be granted against a High Court judgment enhancing land acquisition compensation when a related appeal is already pending before the Supreme Court?
- Can connected cases dealt with in a single impugned judgment be heard together upon the grant of leave to appeal?
ORDER
MUHAMMAD AFZAL ZULLAH, C.J.---This petition for leave to appeal filed by Land Acquisition Collector brings under challenge the judgment of the High Court dated 29th January, 1990; whereby the amount of compensation awarded by the lower forums in favour of the respondent's side was enhanced.
Learned counsel has stated 4that the impugned judgment dealt with several cases and the present one is only one of them. He has further stated that a direct appeal has also been tiled by the appellant in another case dealt with in the same judgment which is still pending. Possibility of similar other separate appeals having been filed also cannot be excluded. One such appeal, as mentioned by the A.O.R. For the petitioners, is Civil Appeal No.242 of 1990: We accordingly grant leave to appeal in this case also.
The appeal shall be prepared on present record with direction to the parties to file all those documents which shall be necessary for disposal thereof.
To be heard with the said appeal.
Judges on this bench
- Muhammad Afzal Zullah3,959 judgments
- Abdul Qadeer Chaudhry1,248 judgments