1989 PLP 1022 (CLC)
WEST PAKISTAN PROVINCE‑‑Petitioner Versus MAJOR ATA MUHAMMAD KHAN and others‑‑Respondents
| Citation | 1989 PLP 1022 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Khalil‑ur‑Rehman Khan and Falak Sher, JJ |
| Parties | WEST PAKISTAN PROVINCE‑‑Petitioner Versus MAJOR ATA MUHAMMAD KHAN and others‑‑Respondents |
Q1: What are the key laws and sections cited in 1989 PLP 1022 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1022 (CLC)?
The case was heard and decided by the Lahore bench comprising: Khalil‑ur‑Rehman Khan and Falak Sher, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1022 (CLC) (WEST PAKISTAN PROVINCE‑‑Petitioner Versus MAJOR ATA MUHAMMAD KHAN and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- ‑‑‑S.18‑‑Compensation‑‑Award‑‑Appeal‑‑Award given by Land Acquisition Collector upheld by District Judge‑‑Appeal by Provincial Government‑‑Amount was to be paid by WAPDA which was independent from the Province‑‑WAPDA having neither objected to the award nor filing any appeal, the Provincial Government could not maintain appeal which was dismissed being incompetent. Pir Khan v. Military Estate Officer. Abbottabad and others PLD 1987 SC 485 rel. Kanwar Intizar Khan for Petitioner. Muhammad Ashraf Sheikh for Respondents. Islam Ali Qureshi for WAPDA. Date of hearing: 7th June, 1988.
Headnotes / Summary
Land Acquisition Act (I of 1894)‑‑
Judgment & Decree
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. 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.
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. Military Estate Officer, Abbottabad and others P L D 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. M.B.A./W‑47/L Appeal dismissed.