WAPDA through Chairman WAPDA House vs Syed SAJJAD BUKHARI Ss — 2021 CLC 1061 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 1061 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: WAPDA through Chairman WAPDA House vs Syed SAJJAD BUKHARI Ss
Subject matter: Civil
Provisions referred to: S. 18; Land Acquisition Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

WAPDA through Chairman WAPDA House VS Syed SAJJAD BUKHARI Ss.18(4) & 54---Qanun-e-Shahadat (10 of 1984), Art.129(g)---Constitution of Pakistan, Arts.23 & 24---Acquisition of land---Lessee of land---Compensation, entitlement of---Withholding of evidence---Presumption---Pleadings, reliance upon---Principle---Land in question was acquired by authorities and respondents-lessees over the land sought enhancement in compensation on the plea that they had suffered huge loss due to acquisition of land---Referee judge allowed references and enhanced compensation---Validity---Leasehold rights of respondents-lessees could not be similar to the rights of landowners or that the words 'person interested' used in S.18 of Land Acquisition Act, 1894, could not be interpreted to mean "lessee of property"---Only rights of owners were protected under Arts. 23 & 24 of the Constitution--- Respondents-lessees could avail remedy either for return of their bid amounts deposited along with any improvements---Respondents-lessees did not appear in Court as witnesses, presumption was to be drawn against them within the contemplation of Art.129(g) of Qanun-e-Shahadat, 1984 and it had to be accepted that their case was based on no evidence---Pleadings in objection petition and statements of officials could not be considered as evidence, when respondents-lessees opted not to appear as witnesses in support of their objection petitions, to avoid facing cross-examination in Court---Pleadings of parties in any civil litigation were not evidence unless the party appeared in Court in support thereof---High Court set aside judgments and decrees passed by Referee Court---Appeal was allowed accordingly.

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