44/2004 I. A Hafiz Prof. Abdul Ghaffar (Appellant) V/S The Assistant Commissioner & Ors (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Khadim Hussain Tunio
Order Date: 25-SEP-18
The land acquisition proceedings commenced well before 1997 and 1998 and the appellants originally were not made party to the proceedings. The dispute in the shape of Suit No.108/1996 was pending adjudication between private parties which was resolved somewhere in December 2002 as informed. This question of such references being barred by time was considered by different benches having their independent views, however, this question was ultimately set at rest by Honble Supreme Court in the case of Government of West Pakistan (Now Government of N.W.F.P.) through Collector, Peshawar v. Arbab Haji Aimed Ali Jan and others reported in PLD 1981 Supreme Court 516. The Honble Supreme Court, in the aforesaid judgment, examined the judgment of the Full Bench of Peshawar High Court in appeal. The Full Bench of Peshawar High Court was of the view that it is the reference of the Collector which invests the Court with necessary jurisdiction to enquire into objections mentioned in Section 19 of the Act and not the objection application filed by an interested person before the Collector.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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