SAKINA vs PROVINCIAL GOVERNMENT GILGIT BALTISTAN S — 2022 MLD 1393 Gilgit-Baltistan Chief Court

Case information

Citation: 2022 MLD 1393 Gilgit-Baltistan Chief Court
Year: 2022
Reporter: MLD
Parties: SAKINA vs PROVINCIAL GOVERNMENT GILGIT BALTISTAN S
Subject matter: Constitutional
Provisions referred to: S. 18---R

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

SAKINA VS PROVINCIAL GOVERNMENT GILGIT BALTISTAN S.18---Reference to Court---Determination of compensation---Similarly placed land owners---Scope---Question before Chief Court was whether the benefit which had accrued to the land owners who had filed reference in Referee Court and filed appeal in Chief Court for further enhancement of compensation vis-à-vis their acquired land could also be extended to the similarly placed land owners who had not filed any such reference or appeal in the Chief Court---Held; non-appealing land owners were also entitled to the same treatment which had been given by the appellate court to the similarly placed appealing land owners---Such would be unjust to deprive the non-appealing land owners from receiving benefit of the judgment merely for the reason that they had not filed reference or appeal---Legal and moral obligation cast on the authorities not to grudge payment of compensation to non-appealing land owners according to the rate judicially determined for the land in question---Writ petition was allowed.

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