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K.L.R. 2006 S.C. 239

Defence Department Of Pakistan, The Secretary Ministry Of Defence,

CitationK.L.R. 2006 S.C. 239
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 34-L of 2006
Date2006-01-23
Judge(s)Iftikhar Muhammad Chaudhry, Tasaddaq Hussain Jillani
ResultPetition Dismissed

ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J. This petition has been filed against the judgment dated 20th October, 2005 passed by Lahore High Court, Lahore in RFA No. 187 of 2000.

2. Learned Deputy Attorney General contended that the reference Court dismissed the reference without any legal justification. When his attention has been drawn towards the case of Pakistan v.

Abdul Hayee Khan (PLD 1995 SC 418), wherein it has been held that appellants being beneficiaries of the land acquired had no right to challenge the compensation given to the deprived owners of the. Land by the competent Court, he stated that the view so taken by the Court is required to be revisited. We are not inclined to agree with the contention of learned Deputy Attorney General for the reason that full bench of this Court, on having taken into consideration all attending circumstances of the case and the law on the subject, had formed the opinion that a reference under Section 18 of the Land Acquisition Act, 1894 before a Referee Court, by a beneficiary, is not competent, therefore, no case for revisiting the earlier view taken by a full bench of this Court in reported judgment, is made out.

Thus for the foregoing reason, petition is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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