Muhammad Nawaz Abbasi, J.--Pakistan Atomic Energy Commission, appellant, herein through this appeal, by leave of the Court, has assailed Award dated 18.1.1994 given by the Land Acquisition Collector in respect of land measuring 470 acres 3 kanals 9 marlas and houses, wells, shops, bazaars, etc. situated in villages namely Chirah and Harno Thanda Pani district Islamabad. The land was acquired for use of the appellant and total compensation paid to the land owners was to the tune of Rs, 18,051,148/-. In addition thereto, 15% compulsory charges were also paid.
2. The facts of the case in small compass leading to the filing of instant appeal, are that the Land Acquisition Collector on the basis of separate assessment of compensation of built up property i,e, houses and wells and shops in a bazaar situated in villages Harno Thanda Pani made by Pak PWD on 18.1.1984 announced the award. The compensation of Rs, 12,680,603/- was assessed for wells and houses and Rs, 964,741,00/- for the shops whereas an amount of Rs, 4,405,798/- was assessed as compensation of 53 houses of village Chirah. Subsequent to the announcement of award, the Land Acquisition Collector having found the assessment of compensation of the built up property in excess to the actual market value, vide letter dated 10.3.1984 pointed out to the Executive Engineer Central Civil Division No, 3 Pak PWD, Islamabad, that estimates of the value of built up property were exorbitant and in consequence thereto, the appellant (Acquiring Agency) having completed the formalities proceeded to verify the correctness of the assessment of built up property, made by the PWD with the help of technical official of the department and moved an application on 9.7.1984 under Section 12-A of the Land Acquisition Act, 1894 for correction of the award. The Land Acquisition Collector. vide order dated 18.11.1984 issued a corrigendum to the extent of actual cost of built up property and declined the request of department in respect of modification of R.D award with the observation that after announcement of the award, he was functus officio to make any change and returned the application with the observation for filing a reference application under Section 18 of the Land Acquisition Act, 1894. Consequently, the appellant filed a reference application and Land Acquisition Collector forwarded the same to the Senior Civil Judge, Rawalpindi, vide order dated 18.11.1984. The referee Court vide order dated 4.3.1986 rejected this application being not maintainable whereupon the appellant challenging the above order passed by the learned Senior Civil Judge alongwith the validity of award dated 18.1.1984, filed a writ petition in the Lahore High Court and on dismissal of writ petition filed an ICA which was also dismissed. The appellants then preferred a civil petition for leave to appeal before this Court in which leave was granted vide order dated 2742007 as under:-- "2. The learned counsel for the petitioners submits that petitioners have no alternate remedy under the provisions of the Land Acquisition Act to challenge the vires of the award or order of the Senior Civil Judge dated 4.3.1986. The petitioners have only right to file cross objections under Section 22- A of the Land Acquisition Act in the reference filed by the respondents/land owners. He further maintains that cross objection cannot be equated with appeal in terms of proviso of Section 3(2) of the Land Reforms Ordinance, 1972. He further maintains that 'Courts have no authority to add or substitute any word in the said provisions of law. Therefore, learned High Court was not justified to dismiss the ICA of the petitioners as not maintainable in terms of the aforesaid provisions of law. He further submits the order challenged by the petitioners (Award dated 18.1.84 and order dated 4.3.86) were not original order within the meaning of Section 3(2) of the Law Reforms Ordinance, 1972, as amended and it was not subject to the incident of appeal, revision/review and as such Intra Court Appeal against the judgment/order of the learned Single Judge of the High Court passed in constitutional petition was competent as the remedy of cross objection under Section 22-A of Land Acquisition Act is not parallel/equal to remedy of appeal, therefore, bar contained in proviso of Section 3 of Law Reforms Ordinance, 1972 was not attracted in the case in hand.
3. The learned counsel of the respondents has supported the impugned judgment and further submits that Land Acquisition Collector has announced composite award. Petitions/appeals filed by the Land Acquisition Collector with regard to the compensation award to the respondents qua the land in question were finalized by this Court vide judgment dated 26.1.2007 passed in Civil Appeal Nos, 1730 to 1734 of 2003 wherein the petitioners had challenged the award relating to super structure as evident from record of the said cases.
4. Leave is granted to consider, inter alia, the aforesaid submissions of learned counsel for the parties. Appeal shall be heard on the present record. Parties are at liberty to file additional documents. Office is directed to fix the appeal within four weeks in view of the circumstances of the case in hand."
3. Learned counsel for the appellants has contended that the land was acquired for Pakistan Atomic Energy Commission which was established under Pakistan Atomic Energy Commission Act, 1965 and under the law, the remedy of reference and appeal provided under Land Acquisition Act, 1894, was not available to the acquiring department, therefore, the award could be competently challenged before the High Court in writ petition and that learned Single Judge in the High Court was misdirected in holding that the appellants being not interested person within the meanings of Land Acquisition Act could not challenge the award. Learned counsel submitted that the view of the High Court that award having become final, the department had no other option except to give effect to the award was contrary to law and contended that the department being an aggrieved person had locus standi to invoke the Constitutional jurisdiction of the High Court in the matter. He submitted that Section 18 of the Land Acquisition Act would not effect the right of department of challenging the award in writ petition and added that Standing Order No, 28 was not confined only to the extent of interested persons rather it would equally be applicable to the acquiring agency or the Local Authority as the case may be, therefore, the appellants were wrongly non-suited. Learned counsel argued that in the precedent cases cited in support thereof, the awards were set aside by the High Court in the writ petitions brought before it by the interested persons, despite having an alternate remedy under the Land Acquisition Act, therefore, the question of maintainability of writ petition under Article 199 of the Constitution and the locus standi of the appellants, was to be determined accordingly and the appellants were to be treated at par to the interested person. The learned counsel argued that there was no bar for the High Court to take notice of the fraud in writ petition in the public interest and placing reliance on Military Estate Officer Vs. Assistant Commissioner Cum Collector (1997 CLC 556), The Murree Brewery Co. Ltd Vs. Pakistan through the Secretary to Government of Pakistan, Works Division and 2 others (PLD 1972 SC 279), Pakistan through Military Estate 'Officer Vs. Abdul Hayee Khan (PLD 1995 SC 418), Behram Khan Vs. Military Estate Officer (1988 SCM R 1160), has contended that High Court having not considered the matter in true prospect of law, has not exercised the jurisdiction in proper manner.
4. Mr. Muhammad Ilyas Sheikh, learned counsel for the respondents, on the other hand, in the light of law laid down by this Court in Iftikhar Hussain Shah Vs. Pakistan (1991 SCM R 2193), Land Acquisition Collector Vs. Muhammad Iqbal (1992 SCM R 1245), Pir Khan Vs. Military Estate Officer (PLD 1987 SC 485)' and Pakistan through Military Estate Officer Vs. Abdul Hayee Khan (PLD 1995 SC 418), contended that ICA filed by the appellants before the High Court was incompetent as under Section 22-A of the Land Acquisition Act, appellants had the right of filing cross objections and Atomic Energy Commission being a Company in terms of Section 3(e) of the said Act read with Section 3 of Pakistan Energy Commission Ordinance, 1965, neither was entitled to file a reference under Section 18 of the Land Acquisition Act, 1894, nor could challenge the award in the writ jurisdiction of the High Court.
5. We have heard the learned counsel for the parties and perused the record with their assistance.
Under the law a local authority or a company neither can file reference under Section 18 of the Land Acquisition Act, nor can prefer an appeal on the decision made in a reference. In the case of Pir Kean through his legal heirs Vs. Military Estate Officer, Abbottabad, etc. (PLD 1987 SC 485) various provisions of Land Acquisition Act were examined by this Court and, while interpreting Section 50(2) of the said Act, it was held that the Act abridged the right of the local authority or the company to demand a . reference under Section 18 of the Land Acquisition Act rather the provincial government, or local authority or a company, for which land is acquired, may file cross objections under Section 22-A of the Act in the reference filed by any interested person against the award and Court in a suitable case, may also reduce the compensation awarded by the Collector. Section 22- A was added in the Land Acquisition Act, 1894, through West Pakistan Ordinance No, 49 of 1961, to enable the local authority or a Company to file cross objections and sub-clause (5) in Section 9 of the Act, was added, providing that a government department, a local authority or a company can become party in the proceedings before the referee Court. Section 11 of the Act was also amended wherein after the word any interested person, the words a department of government, local authority or a company, were inserted. In consequence to the above amendment, the acquiring agency got the right of filing cross objections and is also entitled to be heard in an inquiry conducted by the Collector for determination of the amount of compensation. Section 22-A confers a right to the provincial government or a local authority or a Company for whose benefit the land is acquired to file cross objections in the reference under Section 18 of the Act and the referee Court in pursuance thereof and in exercise of its powers C. under the Act, may reduce the amount of compensation, determined by the Collector.
6. In the light of legal position discussed above, the appellants had the right of becoming a party in the proceedings before the referee Court in the reference filed by the land owners and also could file cross objections but they instead of availing the legal course, filed an application under Section 12-A for rectification of the award before the Land Acquisition Collector. Section 12-A has limited scope to the extent of correction of clerical mistake or arithmetical error and no other change can be made by the Collector under the Section. The appellants instead of becoming a party and filing cross objections in the reference filed by the land owners under Section 18 of the Land Acquisition Act, 1894, filed an independent incompetent reference before the referee Court at belated stage.
The careful examination of various provisions of the Land Acquisition Act referred to above, would clearly show that the appellants had statutory right of filing cross objections in the references filed by the land owners and in case of rejection of the same further remedy could be availed whereas they without availing this efficacious remedy in the form of cross objections provided under the law, accepted the award and subsequently preferred to avail the remedy of writ petition before the High Court for modification of the award. The learned Single Judge in chamber in the High Court as well as the ICA Bench in the peculiar facts and circumstances of the present case, has correctly held that the appellants had no right to file an independent reference or avail the remedy of writ petition against the award and we would take no exception to the above view of the High Court.
7. In the light of foregoing reasons and the discussion, we do not find any legal or factual infirmity in the judgment of the High Court, calling for our interference and consequently, this appeal fails which is dismissed with no order as to costs.