' QALANDAR ALI KHAN, J.--- Since the instant writ petition and W.P. No.851-A/2015, titled Muhammad Saheed Janjoua and another v. Collector Acquisition, Abbottabad, and others and another Writ Petition No.891-A/2015 titled Abdul Wahid v. Collector Acquisition, Abbottabad, and others, were clubbed together for hearing, this single order shall also dispose of the connected WP No.851- A/2015 as well as W.P. No.891-A/2015.
2. In this writ petition as well as in W.P. No.891-A/2015, land measuring 12 Kanals was acquired for the purpose of construction of C&W Colony on Iqbal Road, Supply Bazar, situated in village Sheikhulbandi, Abbottabad, vide Award No.1940-43 on 01.06.1988. The kind of land bearing Khasra Nos.844, 859, 860, 862, 863 and 858 was described as ball, and Rs.66,137/80 were fixed as price per kanal in the Award. The petitioners in both the writ petitions, respectively, claimed their ownership in the acquired khasra No.860 measuring 1 kanal, 13 marlas and in khasra Nos.863-858 measuring 3 kanals, 17 marlas. The other land owners in the acquired land filed Objection Petition under section 18 of the Land Acquisition Act, 1894, for enhancement of price of the land bearing Khasra No.844 measuring 2 kanals, 11 marlas, forming part of the acquired land, from compensation at the rate of Rs.66,137/80 fixed in the Award to that of Rs.300,000/- per kanal; and the leatned Referee Judge/Senior Civil Judge, Abbottabad, fixed price of the land at Rs.250,000/- per kanal vide judgment/order dated 16.10.2000. The Military Estate Officer, Hazara Circle, Abbottabad, and the Central Government of Pakistan, through Secretary Ministry of Defence, Islamabad, preferred Appeal, but the same along with Cross-objection filed by the affectees were dismissed by this Court vide judgment/order dated 21.01.2003; and Civil Appeal No.1149/2003 in the august Supreme Court of Pakistan by the respondents also met the same fate and was dismissed by the august Apex Court vide judgment/order dated 21.09.2006. The petitioners in the instant writ petition moved execution petition for payment of compensation at the rate of Rs.250,000/- per kanal to them like other owners along with compulsory acquisition charges and interest; but the execution petition was dismissed by the learned Senior Civil Judge, Abbottabad, vide order dated 06.06.2011. The petitioners moved Appeal before this Court, which was, however, dismissed as withdrawn 'with permission to file writ petition which was to be decided in accordance with law', vide order of this Court dated 27.11.2012; hence the writ petition.
3. Although clubbed together with these two writ petitions, yet the facts leading to filing of Writ Petition No.851-A/2015 titled Muhammad Saheed Janjoua and another v. Collector Acquisition, Abbottabad, and others, are somewhat different in the sense that only recently i.e. On 28.02.2015, the learned Referee Judge/Additional District Judge-III, Abbottabad, enhanced compensation for the land acquired for defence purpose i.e. PMA Kakul vide Award No.179 dated 28.11.2005 from Rs.306,369/40 per kanal for single kind Bahir Di Aabi fixed in the Award to Rs.1,581,740/- per kanal along with 15% compulsory acquisition charges and 6% simple interest from the date of Award to the date of payment or deposit in the Court. The compensation amount was enhanced by the learned Referee Court/Additional District Judge-III, Abbottabad, vide judgment/order dated 28.02.2015 in the Objection Petition under section 18 of the Land Acquisition Act, 1894 filed by land owners other than the petitioners. The petitioners, therefore, lodged the writ petition for payment of compensation for their acquired land at the enhanced rate of Rs.1,581,740/- per kanal along with 15% compulsory acquisition charges and 6% simple interest awarded to other land owners.
4. Arguments of the learned counsel for the petitioners, learned Additional Advocate General and learned Deputy Attorney General heard, and record perused.
5. The claim of all the petitioners in these three writ petition is that they are also entitled to the enhanced rate of compensation for their land acquired under the Land Acquisition Act, 1894 as determined by the learned Referee Judges in the Objection petitions of other land owners, and also upheld by this Court as well as by the august Apex Court for the land measuring 12 kanals acquired for construction of C&W Colony in village Sheikhulbandi, Abbottabad, vide Award No.1940-43 dated 01.06.1988. The issue of entitlement to enhanced compensation of those land owners who had not filed Appeal has been resolved in favour of such land owners in the elaborate judgment of the august Apex Court reported as PLD 2010 SC 878. It was held by the august Supreme Court of Pakistan in unequivocal terms that the benefit which had accrued to the land owners who had filed an appeal in the High Court seeking further enhancement of compensation vis-a-vis their acquired land could also be extended to the similarly placed land owners who had, however, not filed any such appeal in the High Court. It was further held in the above referred judgment that: "Once a judicial determination, be it of a point of fact or of a point of law, has been made and if such a determination covers not only the ones litigating before the Courts but some others also, then the dictates of justice would command that the benefits accruing from such a determination should not be restricted only to the litigating parties but should be extended even to those who had not indulged in litigation unless there were some extraordinary un-exceptionable reasons to the contrary and that all powers, including the powers inherent in the Courts be invoked for the purpose. Such would not only ensure justice for all but would also have the effect of eliminating unnecessary litigation."
' The payment of much high price to .Some of the land owners as compared to the others was, therefore, held a gross discrimination and injustice. The refusal by Executing Court to pay them the value of their land as finally determined by the High Court to the non-appealing land owners was, therefore, held not sustainable in law. The compensation for acquired land under Award No.1940- 43 dated 01.06.1988 was enhanced from Rs.66,137/80 per kanal to Rs.250,000/- per kanal by the learned Referee Judge/Senior Civil Judge, Abbottabad, vide judgment/order dated 16.10.2000, which was upheld to the august Apex Court, thus the determination of compensation having attained finality is also to be extended in favour of the petitioners in accordance with the letter and spirit of the above referred judgment of the august Apex Court.
6. Consequently, on the acceptance of these two writ petitions, the order dated 06.06.2012 of learned Executing Court/Senior Civil Judge, Abbottabad, in the execution petition of petitioners in the instant writ petition, thereby dismissing the execution petition is set aside and while restoring the execution petition of the petitioners, the same shall be deemed to be pending before the learned Executing Court for proceeding with the same in accordance with law, by treating the petitioners in both the writ petitions also as decree holders in the case.
7. As pointed out above, not only judgment in Writ Petition No.851-A/2015 has been rendered by the learned Referee Judge/ Additional District Judge-III, Abbottabad recently on 28.02.2015, but the enhancement of compensation from Rs.306,369/40 per kanal to Rs.1,581,740/- per kanal is also in respect of land acquired vide another Award No.179 dated 28.11.2005; and unlike judgment in these two writ petitions, the judgment dated 28.02.2015 in the writ petition under discussion is yet to attain finality. As such, the petitioners in Writ Petition No.851-A/2015 would be entitled to enhanced rate of compensation in accordance with the judgment dated 28.02.2015 once the determination of compensation vide the judgment/order attains finality; which would, then, accrue a right in the petitioners to the enhanced rate of compensation acquired through the same Award in accordance with the letter and spirit of above cited judgment of the august Supreme Court of Pakistan. The Writ Petition No.851-A/2015 is, therefore, disposed of in the above terms.