MUHAMMAD SARWAR KHAN and others vs GOVERNMENT OF PAKISTAN
This matter arises from petitions for leave to appeal before the Supreme Court of Pakistan, focusing on land acquisition proceedings. The core legal questions examined by the Court are whether a reference to the court by the Collector under section 18 of the Land Acquisition Act, initiated by only some claimants but accompanied by a separate list of all affected persons, is deemed to be made on behalf of all affectees so as to entitle them to benefits, and whether the procedure under Order I Rule 8 of the Code of Civil Procedure is applicable to land acquisition proceedings allowing non-party petitioners to take advantage of court orders. The text provides the preliminary order granting leave to consider these specific legal contentions.
- Whether a reference to the Court under section 18 of the Land Acquisition Act by only some claimants is deemed to have been made on behalf of all affectees whose names are in a separate list?
- Whether the procedure prescribed under Order I Rule 8 of the Code of Civil Procedure is applicable to proceedings arising under the Land Acquisition Act?
- Section 18, Land Acquisition Act 1894
- Order I Rule 8, Code of Civil Procedure 1908
ORDER
1. ' SAIDUZZAMAN SIDDIQUI, J.---Leave is granted in the above petitions to consider the following legal contentions:
(1) Whether by mentioning the names Of all the 1070 affected of the acquired land in a 'separate list filed along with the objection .Petition filed under section 18 of the Land Acquisition Act by only some of the claimants, the reference to the Court by the Collector shall be deemed to have been made on behalf of all the affectees of the land so as to entitle all of them to the benefit arising from the order of the Court passed on the reference?
(2) Whether the procedure prescribed under Order I, Rule 8, C.P.C. Was applicable to proceedings arising under Land Acquisition Act? If so, whether the petitioners who were not specifically made party in the proceedings could take advantage of the orders passed from time to time by the Courts in respect of acquired land?