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1959 PLD 86

MUHAMMAD SHAM VS ABDUL HAMID KHAN

Petitioner: MUHAMMAD SHAM VS Respondent: ABDUL HAMID KHAN

Court: WEST-PAKISTAN-BOARD-OF-REVENUE

Full Judgment Text & Judicial Ruling

P L D 1959 W

P L D 1959 W. P. (Rev.) 86

Before H. A. Majid, Member, Board of Revenue, West Pakistan

MUHAMMAD SHAM‑Petitioner

Versus

ABDUL HAMID KHAN‑Respondent

Revision Side No. 177 of 1955‑56, decided on 14th June 1956, District Layallpur.

Practice--‑Revision--‑New point cannot be allowed to be raised in revision‑Ihata allotted to other person in place of old allottee--‑Compensation for structure allowed by Colony Assistant--- Point of inadequacy of compensation money cannot be raised for first time in revision.

Muhammad Shafi for Petitioner.

ORDER

The petitioner cannot expect me to intervene in the matter of this Ihata in favour of the respondent has already been completed so much so that even the conveyance deed has been delivered to him.

The only question that arise is whether the compensation allowed to the petitioner' under the orders of the Colony Assistant in the capacity of a Collector, in respect of his structures in the Ihata, is adequate or not. The petitioner did not, object to the adequacy of the figure of compensation when he appealed to the Commissioner. He cannot properly ask me to change the position at this late stage. He has the option of removing his building materials if he thinks that such a course would be more lucrative to him than obtaining the compensation assessed for it by the Collector.

In the above circumstances, the petitioner has to accept his misfortune, however, harsh the process may be. His petition for revision is dismissed without issuing notice to the other party.

K. M. A. Petition dismissed.

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