GOVERNMENT OF KHYBER PAKHTUNKHWA vs MUHAMMAD KHURSHID S — 2021 SCMR 369 SUPREME-COURT

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

GOVERNMENT OF KHYBER PAKHTUNKHWA VS MUHAMMAD KHURSHID S. 4 & Preamble---Land acquisition for construction of a police station---Acquiring authority, powers of---Scope---Property owned by respondents was acquired vide a notification but only two days later for unknown reasons the same was de-notified---Subsequently acquiring authority issued another notification to acquire land belonging to the petitioner---Petitioner filed a constitutional petition before the High Court, which was allowed with the finding that due to influence of an ex-Parliamentarian the acquiring authority de-notified the land belong to respondents and with mala fides issued the notification with respect to petitioner's land---Held, that record did not reflect any element of alleged mala fide on part of the acquiring authority---Joint reading of S. 4 and Preamble to the Land Acquisition Act, 1894 showed that the acquiring authority was fully competent to issue the notification if the land was being acquired for public purpose---However, it was true that if mere selection of land was based on extraneous considerations or undue influence then it may be objected to by the affected owner---In such respect, the impugned judgment of High Court was inadequate in providing/disclosing aspect of alleged mala fide against the acquiring department---Petition for leave to appeal was converted into appeal and allowed, impugned judgment of High Court was set aside and case was remanded to the High Court for a decision afresh after affording opportunity of hearing to all concerned in accordance with law. Citation Name: 2021 SCMR 369 SUPREME-COURTBookmark this Case GOVERNMENT OF KHYBER PAKHTUNKHWA VS MUHAMMAD KHURSHID 'audi alteram partem' and 'due process'---Scope---any proceeding arising out of equity could not be decided without providing opportunity of hearing---Court ought to follow the principle of 'audi alteram partem' and 'due process' which were basis of administration of justice, especially when any order, if passed, might affect the rights of the entity not party to the proceedings.

GOVERNMENT OF KHYBER PAKHTUNKHWA vs MUHAMMAD KHURSHID S — 2021 SCMR 369 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2021 SCMR