1989 PLP 3440 (MLD)
WATER AND POWER DEVELOPMENT AUTHORITY, LAHORE and another‑‑Appellants Versus MUHAMMAD AYUB KHAN‑‑Respondent
| Citation | 1989 PLP 3440 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Abaid Ullah Khan, J |
| Parties | WATER AND POWER DEVELOPMENT AUTHORITY, LAHORE and another‑‑Appellants Versus MUHAMMAD AYUB KHAN‑‑Respondent |
| Primary Law | Land Acquisition Act (I of 1894)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 3440 (MLD)?
This judgment primarily cites: Land Acquisition Act (I of 1894)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 3440 (MLD)?
The case was heard and decided by the Lahore bench comprising: Abaid Ullah Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 3440 (MLD) (WATER AND POWER DEVELOPMENT AUTHORITY, LAHORE and another‑‑Appellants Versus MUHAMMAD AYUB KHAN‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Iftikhar‑ul‑Haq Khan for Appellant.
- Iqbal Muhammad Awan for Respondent.
- Date of hearing: 15th April, 1989.
Headnotes / Summary
‑‑‑Ss.4, 11 & 54‑‑Acquisition of land‑‑Entries of Jamabandi clearly disclosed that entire land in dispute was `Sailab'‑‑Entries of Jamabandi carrying presumption of truth, having not been rebutted, treatment of land in dispute as `Sailab' and payment of compensation as determined by Collector, held was in order and could not be interfered with. Pir Khan v. Military Estate Officer, Abbottabad PLD 1987 SC 485 ref.
Judgment & Decree
Sailab Rs.70.00 per kanal Banjar Rs.52.00 per kanal Ghair mumkin jhal Rs.25.00 per kanal Ghair mumkin darya Rs.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 Appeal dismissed.