' IRSHAD HASAN KHAN, J.---The Land Acquisition Collector, Tarbela Dam Resettlement Organisation and WAPDA acquired the estate of village Kundriala, Tehsil Haripur including Khasra Nos.202 and 205 of the Shamilat Deh measuring 495 Kanals and 10 Marlas for the construction of Tarbela Dam.
The dispute in these proceedings relates to compensation/apportionment of the claim of improvement over Khasra Nos.202 and 205 in the said village. The Land Acquisition Judge, Haripur vide order dated 30-9-1990, accepted the Objection Petition filed by respondents Nos.1 to 10 holding therein that they were entitled to the compensation/improvements of the acquired land along with other owners in Shamilat Deh according to their respective shares. Being aggrieved with the aforesaid decision the petitioners filed a regular first appeal before the Peshawar High Court, which was disposed of vide order dated 17-11-1993, inter alia, with the following observations:-- "In this appeal many technical objections have been raised by the learned counsel appearing for the parties. Effort was made to reconcile the claim of the respondents and the law applicable in the case so that the dispute relating to an award announced in the year 1971 is settled in this appeal.
Learned counsel cooperated in this aspect of the case. It was frankly stated by the learned counsel for the appellants that according to the award of the Collector, the respondents are entitled to the claim of improvement up to Rs,972350 Learned counsel for the respondents controverting the same, submitted that in any case the objectors-respondents 1 to 10 will be entitled to claim an amount of Rs,35,000 to out it short the objectors-respondents Fakhar-uz-Zaman and 9 others in this RFA No,74/90 are allowed to claim improvement of Rs,30,000, which the appellants will pay. The appeal is decided accordingly with no orders as to costs."
2. The learned counsel for the petitioners argued that the private respondents by filing the objection after the lapse of 15 years were estopped by their conduct to claim any compensation. It was further contended that the decree dated 3-5-1973 passed by the learned Additional District Judge Hazara in Objection Petition No,61/4 in respect of re-classification and improvement of suit property in favor of the petitioners has attained finality and as such is unquestionable in law.
3. Leave is granted to examine the aforesaid contentions including the question whether the High Court has acted arbitrarily and not in accordance with sound judicial principles in awarding Rs,30,000 as compensation.
' Status quo to be maintained.