BAHADUR vs COLLECTOR LAND ACQUISITION S — 2021 YLR 84 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 84 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: BAHADUR vs COLLECTOR LAND ACQUISITION S
Subject matter: Civil
Provisions referred to: S. 42---

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

BAHADUR VS COLLECTOR LAND ACQUISITION S. 42---acquisition of Shamilat land---Suit for declaration---Maintainability---Contention of plaintiffs was that they being owners of suit property were entitled for compensation to the extent of their shares---Trial Court decreed the suit but appellate Court dismissed the same---Validity---Owners of the village were joint owners of its Shamilat and their shares should be determined proportionate to the size of their holding vis-à-vis total land in the village excluding Malikan-e-Qabza---Entitlement of each original owner to the Shamilat should be determined on the basis of revenue being paid by Khewatdar and mentioned in revenue papers---Plaintiffs were owners of Shamilat which had been acquired by the authorities, therefore, they were entitled for compensation of suit property---Land could not be acquired without compensation---authorities were bound to pay compensation of acquired land to the plaintiffs as per their entitlement---Impugned judgment and decree passed by the appellate Court were set aside and those of Trial Court were restored---Revision was allowed, in circumstances.

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