FEDERATION OF PAKISTAN vs NASIR MUNIR AHMED Ss — 2022 CLC 2072 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 CLC 2072 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: CLC
Parties: FEDERATION OF PAKISTAN vs NASIR MUNIR AHMED Ss
Provisions referred to: S. 18; S. 31; S. 11; S. 18---S; 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

FEDERATION OF PAKISTAN VS NASIR MUNIR AHMED Ss.18& 31---Qanun-e-Shahadat (10 of 1984), Art.114---Reference to Court---Payment of compensation or deposit of same in Court---Compensation received "under protest"---Estoppel---Scope---Acquiring agency assailed order passed by Referee Court whereby compensation of acquired land was enhanced---Contention of appellant was that entering into an agreement as well as after having received amount of compensation struck therein, the respondent was left with no locus standi to retreat from his act to step ahead for institution of reference under S.18 of the Land Acquisition Act, 1894---Contention of respondent was that the agreement was forcibly executed---Validity---Bare reading of proviso to subsection (2) of S. 31 of the Land Acquisition Act, 1897 revealed that the Act did not provide any particular mode, manner and method of protest by a claimant at the time of receipt of amount of compensation, awarded under S. 11, hence, the protest could be made either in writing or through reference under S.18---Section 31(4) clearly demonstrated that for payment of compensation of acquired land to interested party, only Collector concerned was competent to execute any contract while in the case in hand, the agreement was executed between the respondent and an Army official who was not competent to execute the same---Requirement of making agreement with the Collector was a mandatory requirement---Appeal, being devoid of merit, was dismissed.

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