This appeal by the Water and Power Development Authority (WAPDA) and the Provincial Government against the decision of the learned Senior Civil Judge, Mianwali, dated the 30th May, 1977, dismissing the reference moved by the Government for slashing down the amount of compensation awarded by the Land Acquisition Collector for compulsory acquisition of the respondents' land in dispute measuring 106 acres 7 kanals 4 marlas, situate in the area of village Kundal Pakka, tahsil Isa Khel, District Mianwal, arises out of following circumstances. Notification under section 4 of the Land Acquisition Act, 1894, indicating the Government's intention of acquisition of land for Chashma Barrage was published in the official Gazette on the 2nd June, 1967. The Land Acquisition Collector classified the land acquired in four different categories, sailab, banjar, ghair mumkin jhal and ghair mumkin darya. He awarded compensation at the following rates - Sailab Rs.70.00 per kanal Banjar Rs.52.00 per kanal Ghair mumkin jhalRs.25.00 per kanal Ghair mumkin daryaRs.20.00 per kanal For abadi deh he fixed compensation at the rate of Rs.400.00 per kanal.
2. After the announcement of the award one Ghulam Sarwar, son of Umar Khan, moved before the Collector an application to the effect that his land bearing Khasra No.2727/992, measuring 25 Kanals, had not been rightly classified and that the entire land was sailab and ought to have been paid for as such. In the papers with the Land Acquisition Collector only 7 Kanals of land was shown as sailab while the rest of 18 kanals of land was mentioned as ghair mumkin darya. A verification with the entries of the jamabandi disclosed that the entire 25 kanals of land was sailab. Therefore, the Collector, by his supplementary award of the 27th August, 1970, directed that compensation for 25 kanals of lahd should be paid at the rate of Rs.75.00 per kanal. The learned counsel for the appellants says that the appellants are aggrieved only to the extent that the Collector treated 18 kanals of land as sailab and directed the payment of compensation at the rate of Rs.75.00 per kanal instead of at the rate of Rs.20.00 per kanal which was meant for ghair mumkin darya.
3. With the assistance of the learned counsel for the appellants I have gone through the entire record of the case handled by the learned trial Court. Nowhere any attempt by the appellants to establish that 18 kanals of land was ghair mumkin darya is visible. The entries of the jamabandis carry a presumption of truth which of course in the instant case has not been rebutted by the appellants. In the circumstances the treatment of 25 kanals of land as sailab and payment of compensation therefore as such is in order and needs no interference. It may be noted that in view of the law laid down by the Supreme Court of Pakistan in Pir j Khan v. Military Estate Officer, Abbottabad PLD 1987 SC 485, the Water and Power Development Authority has no locus standi to prefer appeal and the appeal filed by it can be dismissed on this account. There is no force in this appeal which is dismissed with costs.
H.B.T./W-59/L