1990SCMR1341 (PLP)
AUTHORITY, LAHORE‑‑Petitioner Versus Major ATA MUHAMMAD KHAN and 8 others‑‑Respondents
| Citation | 1990SCMR1341 (PLP) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, CJ. and Rustmn S. Sidhwa, J |
| Parties | AUTHORITY, LAHORE‑‑Petitioner Versus Major ATA MUHAMMAD KHAN and 8 others‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1990SCMR1341 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990SCMR1341 (PLP)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, CJ. and Rustmn S. Sidhwa, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990SCMR1341 (PLP) (AUTHORITY, LAHORE‑‑Petitioner Versus Major ATA MUHAMMAD KHAN and 8 others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Iftikhar Ahmad, Advocate Supreme Court and S. Inayat Hussain, Advocate‑on‑ Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 30th May, 1990.
Headnotes / Summary
(On appeal from the judgment dated 7‑6‑1988 of the Lahore High Court, Multan Bench, Multan, in R.FA No.62 of 1964). ‑‑‑‑Art.185(3)‑‑‑Petition for leave to appeal sought on the ground that High Court had not correctly interpreted Supreme Court ruling in Pir Khan v. Military Estate Officer, Abbottabad P L D 1987 S C 487 and further that view in the said judgment was being now re‑examined in several other appeals which were going to be fixed for hearing before a larger Bench during the next month‑‑‑Leave to appeal was granted.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, CJ.‑‑‑Leave to appeal has been sought; against the dismissal by the High Court of petitioner's Regular First Appeal in a matter relating to acquisition of land. The order is short one. It is reproduced below:‑‑ "The land in dispute was acquired for 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 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 5‑5‑1904 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. In support of this view, the rule of law laid down in Pir Khan v. Military Estate Officer, Abbottabad and others (P L D 1987 S C 487) may be referred to. The appeal is, therefore, incompetent and is dismissed with no order as to cost as the land‑owners/respondents have not entered appearance to contest this appeal:' Learned counsel contends that the learned Judge, it appears, did not correctly interpret the judgment of this Court in the case of Pir Khan. In reality the appeal of the petitioner was competent on the touchstone of the said judgment. In the alternative he has contended that the view taken in the said judgment is being now re‑examined in Civil Appeals Nos.75 and 76 of 1981 and several other appeals which are going to be fixed for hearing before a larger Bench during the next month. Accordingly, leave to appeal is granted. To be heard with the said appeals. All the formalities 'including the submission of the paper books to be completed within a fortnight. M.B.A./W‑90/S Leave granted.