FCC allows late amendments to review petitions at advanced stage

ISLAMABAD: The Federal Constitutional Court (FCC) has ruled that amendments to a pending review petition may be allowed even at an advanced stage of proceedings if the proposed changes do not prejudice the other side and help ensure a complete and effective resolution of the dispute.

The ruling was issued on Tuesday by a two-member bench headed by FCC Chief Justice Aminuddin Khan and comprising Justice Ali Baqar Najafi. The bench was deciding a set of applications filed by the deputy commissioner of Nowshera, who sought changes to the original pleadings in review petitions arising from the Supreme Court’s Dec 14, 2023 judgement in a land acquisition case involving compensation of around Rs75 billion.

In the judgement, the chief justice observed that amendments could still be permitted at a late stage where they are explanatory in nature and do not alter the basic nature of the case.

“Where the proposed amendment is merely clarificatory in nature, is necessary for proper elucidation of the existing pleadings and does not introduce a new case or alter the core controversy, the same may be allowed even at an advanced stage of the proceedings in order to secure complete and effective adjudication,” he observed.

The observations came in the context of a long-running dispute over land located in different mauzas of Nowshera in Khyber Pakhtunkhwa. According to the case record cited in the report, the federal government had acquired the land for the AFV Range, which is believed to be used for specialised military training.

Compensation dispute

After the acquisition, landowners sought higher compensation. The amount was eventually fixed at Rs12,000 per marla, and that rate was upheld by the Supreme Court. However, the enhanced compensation was not paid because of a shortage of funds.

That, in view of the financial constraints, the government issued a de-notification on Oct 7, 2019, withdrawing the acquisition of certain lands. That move was challenged before the Peshawar High Court, which set aside the de-notification through a judgement dated June 10, 2021.

A subsequent challenge before the Supreme Court was also dismissed through a consolidated judgement on Dec 14, 2023. The present review petitions were then filed on the basis that certain material facts and legal questions had not been considered when the Supreme Court delivered its verdict.

Transfer to FCC

The review petition was initially instituted before the Supreme Court. It was later transferred to the FCC following the 27th Amendment.

Through the latest applications, the petitioner argued that some questions of law had not been specifically pleaded due to an inadvertent omission and that their inclusion was necessary for proper and effective adjudication of the review petition.

The plea also maintained that the Supreme Court judgement had not taken into account the federal government’s financial inability to pay compensation of approximately Rs75 billion. It further argued that the decision to withdraw from the acquisition had been taken in good faith and in the public interest.

By allowing such amendments in principle, the FCC clarified the circumstances in which review petitions can be revised even after proceedings have substantially advanced, provided the changes remain limited to clarifying existing pleadings rather than introducing an entirely new case.