NATIONAL HIGHWAY AUTHORITY, ISLAMABAD vs MUHAMMAD AFZAL BHATTI Ss — 2024 CLC 1246 LAHORE-HIGH-COURT-LAHORE

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NATIONAL HIGHWAY AUTHORITY, ISLAMABAD VS MUHAMMAD AFZAL BHATTI Ss. 4 & 18---Qanun-e-Shahadat (10 of 1984), Arts. 72 & 133---Acquisition of land---Compensation---Determining factors---Documents not put to cross-examination---Appellant was land acquiring authority and aggrieved of enhancing of compensation regarding acquired land owned by respondent / landowner---Plea raised by appellant / authority was that all documents relied upon by Referee Court were exhibited during statement of counsel for respondent / landowner---Validity---Respondent / landowner got exhibited as many as seventeen (17) documents during statement of his counsel---Referee Court as well as both the parties in total oblivion of legal position had allowed those documents to be exhibited---Such exercise was not permissible under well-established principles of law---Best evidence helpful to resolve the controversy was lost which had seriously affected precious rights of parties---High Court directed for strict adherence of such principle to ensure substantial justice and to save parties from substantial loss---High Court in exercise of appellate jurisdiction reduced the compensation from Rs.2,000,000/- per Acre to Rs.1,500,000/- along with 15% compulsory acquisition charges and compound interest at the rate of 8% from the date of possession of acquired land to date of payment of enhanced amount of compensation---Appeal was allowed accordingly. Citation Name: 2024 CLC 1246 LAHORE-HIGH-COURT-LAHORE NATIONAL HIGHWAY AUTHORITY, ISLAMABAD VS MUHAMMAD AFZAL BHATTI arts. 72 & 133---Documentary evidence---Exhibited through statement of counsel----Legality---Right of cross-examination, non-availability of---Effect---Concept that documents cannot be admitted into evidence solely through statement of counsel during evidence is rooted in fundamental right to cross-examination, which is an essential aspect of adversarial legal system---Right to cross-examination allows opposing party to challenge veracity, authenticity and relevance of evidence presented, including documents---admitting documents solely on the statements of counsel, compromises right of other party to cross-examine, which is not warranted by law---Trial Courts must ensure that all documentary evidence is subject to scrutiny of cross-examination to uphold principles of fairness and due process---Documents exhibited solely through statements of counsel without opportunity for cross-examination do not meet legal standards for admissibility of evidence---This ensures the integrity of judicial process and the rights of parties involved.

NATIONAL HIGHWAY AUTHORITY, ISLAMABAD vs MUHAMMAD AFZAL BHATTI Ss — 2024 CLC 1246 LAHORE-HIGH-COURT-LAHORE

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