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Petitioner: ABDUR RASHID KHAN and others VS Respondent: SWAT TEXTILE MILLS LTD. and others
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Ali Hussain Qazilbash, Saad Saood Jan Title: ABDUR RASHID KHAN and others vs SWAT TEXTILE MILLS LTD. and others Case No.: Civil Appeal No,40 and Civil Petition for Leave to Appeal No,121-R of 1988 Date of Judgment:1989-03-01 Reported As: 1989 SCMR 1036 Result: Order accordingly
Judgment ORDER ' SHAFIUR RAHMAN, J.--The parties have come to an understanding which appears to us fair and proper. The respondents have agreed to return surplus acquired land of each appellant/petitioner at the prevailing market price of Rs,55,000 per kanal. What remains unresolved is the exact surplus area claimable by each appellant out of the acquired area. We, therefore, direct the District Collector, Abbottabad to forthwith depute a competent Revenue Officer to work out the surplus area of each appellant/petitioner by associating the parties with the proceedings. This exercise of ascertaining the exact area shall be completed within one month from today and signatures of the appellants/petitioners shall be obtained in token of their participation in this exercise. ' This appeal and petition shall come up on 3-6-1989 on which date the appellants/petitioners shall deposit the price as per their entitlement worked out by Revenue Officer. ' The area found not returnable to the appellants/petitioners by the Revenue Officer, being in excess of their entitlement shall be available to respondents for disposal at their own risk during the interregnum. ' A list of the appellants/petitioners in the appeal and petition, with a copy of the Award of the Collector in Land Acquisition case shall be forwarded to the District Collector for this purpose. It is made clear that only the entitlement of the appellants/petitioners, and not of all the land owners has to be worked out. ' The Registrar shall ensure prompt and faithful compliance of this order by contacting the District Collector.