PROVINCE OF PUNJAB vs MUHAMMAD TAYYAB and 2 others
This matter concerns a series of appeals filed by the Province of the Punjab challenging a judgment and decree of the Lahore High Court, which had upheld a modification made by a Senior Civil Judge to an award originally determined by the Collector, Bahawalpur. The core legal question involved the determination of the appropriate quantum of compensation payable to landowners in land acquisition proceedings. The Supreme Court of Pakistan, noting that the issues raised in the present appeals were identical to those previously adjudicated in Civil Appeals Nos. 18 to 22 of 1988, relied upon the reasoning established in that earlier decision. Consequently, the Court dismissed the appeals, affirming the findings of the High Court regarding the compensation amount. The judgment reinforces the principle of judicial consistency, holding that where the legal and factual issues in a set of appeals have been previously resolved by the Court in related matters, the same reasoning and outcome apply to subsequent identical challenges.
- Does the Supreme Court of Pakistan follow the reasoning of previously decided identical appeals when disposing of subsequent appeals involving the same judgment?
- Is the quantum of compensation determined by the High Court in land acquisition matters subject to interference by the Supreme Court when identical issues have already been adjudicated?
ORDER
1. ' NASIM HASAN SHAH, J. ---All the above-mentioned appeals arise out of the same impugned judgment dated 7-6-1987 of the Lahore High Court.
2. ' The brief background of these appeals is that the appellant (Province of the Punjab) challenged the judgment and decree of the Senior Civil Judge, Bahawalpur dated 1-11-1974 whereby the latter had modified the award made by the Collector, Bahawalpur dated 10-9-1971, by filing appeals before the Lahore High Court. The said appeals were, however, dismissed by a Division Bench of the Lahore High Court (Bahawalpur Bench), Bahawalpur vide judgment dated 7-6-1987. Hence these appeals, by leave of this Court.
3. ' This Court, while granting leave to appeal, observed, inter alia, that the points raised in this petition were also involved in Civil Appeals Nos.18 to 22 of 1988. These appeals were heard on 28-5-1991 and this Court has upheld the findings of the High Court in so far as the amount of quantum of compensation found payable to the land owners is concerned. The present appeals, which are directed against the same judgment of the High Court, therefore, are also dismissed for the reasons given while disposing of Civil Appeals Nos.18 to 22 of 1988.