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2008 SCMR 760

PROVINCE OF THE PUNJAB and others vs MUNSHI KHAN

Citation2008 SCMR 760
CourtSupreme Court of Pakistan
Case No.Civil Petition No,2279-L of 2000
Date2004-12-22
Judge(s)Falak Sher, Khalil-ur-Rehman Ramday
ResultPetition dismissed

' KHALIL-UR-REHMAN RAMDAY, J.---The only submission being made by the learned Advocate Supreme Court for the petitioner-Government and others is that it had been decided by the then Chief Minister that since the landowners through whose land the road in question was to pass were to be the beneficiaries of the construction of the said road, therefore, such landowners would not be allowed any compensation for their land which was taken over for the said purpose.

2. This is what is called robbing Peter to pay Paul as the learned Advocate Supreme Court admits that this road had not been constructed for the benefit of the respondent alone and that it was the public-at-large who were to be benefited from the same. If this be so, then it is not understandable as to why the poor respondent be asked to take the entire burden.

3. The matter stands concluded by the consistent findings of the three learned Courts including the Honourable High Court and this petition which has been filed by the petitioner-Government and its functionaries is a frivolous petition which is dismissed with costs throughout. Leave refused.

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