ABDUL KARIM and others vs LAHORE CANTONMENT COOPERATIVE HOUSING
This matter involves a petition for leave to appeal against a judgment concerning the acquisition of land. The core legal question presented is whether a judicial declaration invalidating a notification under the Land Acquisition Act, 1894, operates exclusively for the benefit of the specific landowners who challenged the notification, or whether such a declaration invalidates the notification in its entirety, thereby extending the benefit to all affected persons regardless of whether they were parties to the original litigation. The petitioners contend that once a notification is declared invalid by a court of law, the invalidity is absolute and applies to all persons affected by the impugned notification, challenging the High Court's observation that the relief was restricted only to the successful litigants. The Supreme Court granted leave to appeal to consider this contention, specifically examining the scope and effect of judicial declarations regarding the invalidity of land acquisition notifications and whether such relief is limited to the parties before the court or has a broader, universal application to all affected landowners.
- Does a judicial declaration invalidating a land acquisition notification under the Land Acquisition Act 1894 apply only to the parties who challenged it or to all affected persons?
- Can the benefit of a judgment declaring a notification invalid be restricted solely to those who challenged the notification in court?
- Section 17(4), Land Acquisition Act 1894
ORDER
MUNIR A. SHEIKH, J.---Learned counsel for the petitioners contended that in view of the judgment reported as People Co-operative Housing Society Ltd., Lahore v. Collector, Lahore District and four others 1979 CLC 180, notification under section 17(4) of Land Acquisition Act regarding acquisition of land which included land in dispute had been declared to be invalid, therefore, observation of the learned Judge in the impugned judgment that benefit of the said judgment would go only to those landowners who had challenged the said notification and not to others, is not correct. He further argued that once a notification was declared to be invalid under the law, the benefit would go to all the persons affected by it.
2. Leave is granted to consider, inter alia, the above contention.