Abdur-Rauf vs Land Acquisition Collector, Islamabad S — 2025 YLR 2396 ISLAMABAD

Case information

Citation: 2025 YLR 2396 ISLAMABAD
Court: Islamabad High Court
Year: 2025
Reporter: YLR
Parties: Abdur-Rauf vs Land Acquisition Collector, Islamabad S
Subject matter: Civil
Provisions referred to: S. 4---C; S. 9---S; S. 4; S. 9; Civil Procedure Code (V of 1908)

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

Abdur-Rauf VS Land Acquisition Collector, Islamabad S.4---Civil Procedure Code (V of 1908), S.9---Specific Relief act (I of 1877), Ss. 42 & 54---Suit for declaration and injunction---Maintainability---acquisition proceedings---Civil Court, jurisdiction of---appellants/landowners were aggrieved of issuance of notice under S.4 of Land acquisition act, 1894 and had assailed the proceedings before Civil Court but the suit was dismissed---Validity---Mere initiation of acquisition process does not affect rights of landowners, who can exercise jurisdiction to challenge those proceedings, unless any right has been accrued in favour of beneficiary---Mere issuance of notice in terms of S.4 of Land acquisition act, 1894 does not create any right or interest in favour of beneficiary---Determination of public notice did not fall within the domain of Civil Court through civil suit in terms of S.9, C.P.C., which ousted jurisdiction of Civil Court regarding those matters which had been either expressly or impliedly barred in any other law and statute---Provisions of Land acquisition act, 1894 covers within the ouster jurisdiction concept in terms of S.9, C.P.C.---Trial Court rightly rendered the view that appellants/ landowners could have recourse to provisions of Land acquisition act, 1894 which was within four corners of law and the suit was not maintainable---Legislative intent is clear from the wording of Land acquisition act, 1894 which has not provided any pre-determination remedy prior to passing of any award to challenge the proceedings before Civil Court of competent jurisdiction---When specific process and procedure had been provided, such procedure had to be applied in strict sense---appeal was dismissed, in circumstances.

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