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1989 CLC 1022

WEST PAKISTAN PROVINCE vs MAJOR ATA MUHAMMAD KHAN And OTHER

Citation1989 CLC 1022
CourtLahore High Court
Case No.Regular First Appeal No.62 of 1964
Date1988-06-18
Judge(s)Falak Sher, Khalil-Ur-Rehman Khan
ResultAppeal dismissed

1. KHALIL-UR-REHMAN KHAN, J--The land in dispute was acquired for the Water and Power Development Authority. The Land Acquisition Collector made the award after proper proceedings.

2. The WAPDA did not file any objection to the award but West Pakistan Province filed an application under section 18(3) of the Land Acquisition Act, 1894, challenging the award of the Land Acquisition Collector, Multan dated 11-5-1961. The land owners resisted the reference and the learned District Judge ultimately vide judgment dated 5-5-1964 answered the reference. The amount of compensation as awarded by the Collector was upheld. The Province of West Pakistan feeling dissatisfied, filed the present appeal.

3. 2.It is pertinent to note that the WAPDA, for whose sake, the land was acquired, neither objected to the award by filing a reference nor filed any appeal against the judgment of the learned District Judge. Admittedly, the amount of compensation for the land acquired, is to be paid by the WAPDA, which is independent from the Province of West Pakistan (now Punjab). We are of the view that the Punjab Province cannot maintain this appeal, as it is not, in any way, affected either by the award made or by the impugned judgment. :n support of this view, the rule of law laid down in Pir Khan v.

4. Military Estate Officer, Abbottabad and others PLD 1987 SC 485 may be referred to. The appeal is, therefore, incompetent and is dismissed with no order as to costs as land owners! Respondents have not entered appearance to contest this appeal.

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