- Section 42(11)&(12) of AJ&K Interim Constitution Act, 1974 — section 54 of Land Acquisition Act, 1984 — appeals/PLAs arising out of land acquisition proceedings — valuation more than 50 thousand rupees — delay — contention that if Court comes to the conclusion that only a direct appeal u/s 42(11) of Constitution lies in the matter and PLA u/s 42(12) is not maintainable then the PLAs may be converted into appeal and delay if any may be condoned — in the cases reported as 1999 SCR 291 and 2000 YLR 2016, PLAs were converted into appeals and delay was condoned on the ground that u/s 54 of Land Acquisition Act, appeal lies in this Court — but on the question of delay in the cases titled Chief Administrator Auqaf v. Sain Ghulam Ahmed Nisar & others and Ch. Muhammad Afzal v. MDA and others, the Court has not condoned the delay on the ground that the application for conversion of PLA into appeal has been field beyond the prescribed period of limitation i.e. 60 days. WAPDA & others v. Taj Begum and others 2014 SCR 588 (H)
- Section 42(11) & (12) of Interim Constitution Act, 1974 — section 54 of Land Acquisition Act —PLAs/appeals arising out of acquisition proceedings — conversion of PLA into appeals and viceversa — in the cases reported as 1999 SCR 291 and 2000 YLR 2016 on the misconception of law it was declared that direct appeal lies to the Supreme Court and it remained practice that instead of appeals, PLAs are being filed, therefore irrespective of delay, the PLAs were converted to appeals. Due to these two judgments PLAs are being filed irrespective of the fact that the value of the subject matter in the lower Court and in appeal before the High Court is not less than 50 thousand rupees and the High Court has altered the judgment of Reference Judge. Due to misconception and in spite of the judgment delivered in the case reported as 1997 SCR 351, wherein it was held that if the value of the subject matter in the Court below and in appeal is not 50 thousand rupees and the High Court has altered the judgment of the lower Court, direct appeal u/s 42(11) lies in this Court, the office has never objected to the filing of PLAs and entertained the same. It is an act of the Court because the office remained entertaining PLAs in the matters arising out of the proceedings under the Land Acquisition Act, where the value of the subject matter in the Court of first instance and in the High Court was not less than 50 thousand rupees and the High Court has altered or varied the decree of the Court immediately below. On the same proposition the Supreme Court of Pakistan in case reported as PLJ 2012 SC 563 after survey of case law and divergent judgments of the subject, it was resolved on that PLAs where direct appeal u/s 54 of the Land Acquisition Act lies are incompetent. It was observed that due to unsettled legal position regarding maintainability of such petitions and inconsistent judgments of Supreme Court, it shall be oppressive and unfair to dismiss the PLAs. The petitioners were provided an opportunity for filing application for conversion of PLAs into appeal and vice versa. Held: that in the cases where the value of the subject matter in the Court of first instance and in appeal before High Court is not less than 50 thousand rupees and the High Court has altered or varied the judgment or decree of the Court below direct appeal u/s 42(11), lies in this Court and in the cases not covered by S. 42(11), PLA u/s 42(12) is maintainable. Observed: PLAs in the cases arising out of land acquisition proceedings under Land Acquisition Act are being filed in the light of the judgments of the Court recorded in the cases reported as 1999 SCR 291 and 2000 YLR 2016 due to misconception. Further held: that the petitioners in all PLAs filed u/s 42(12 may apply to the Court for conversion of PLAs into appeals or appeals into PLAs, as the case may be within a period of one week. WAPDA & others v. Taj Begum and others 2014 SCR 588 (I&J) PLJ 2013 SC 563 rel.
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