2009 SCMR 1051 (PLP)
WATER AND POWER DEVELOPMENT AUTHORITY through Chairman — Petitioner Versus GHULAM SHABBIR and others — Respondents
| Citation | 2009 SCMR 1051 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mian Hamid Farooq and Syed Sakhi Hussain Bokhari, JJ |
| Parties | WATER AND POWER DEVELOPMENT AUTHORITY through Chairman — Petitioner Versus GHULAM SHABBIR and others — Respondents |
| Primary Law | Land Acquisition Act (I of 1894) |
Q1: What are the key laws and sections cited in 2009 SCMR 1051 (PLP)?
This judgment primarily cites: Land Acquisition Act (I of 1894) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 SCMR 1051 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mian Hamid Farooq and Syed Sakhi Hussain Bokhari, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 SCMR 1051 (PLP) (WATER AND POWER DEVELOPMENT AUTHORITY through Chairman — Petitioner Versus GHULAM SHABBIR and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hafiz Muhammad Yousuf, Advocate Supreme Court for Petitioner.
- Nemo for Respondent.
Headnotes / Summary
(On appeal from the judgment, dated 7-4-2004 of the Lahore High Court, Multan Bench passed in R.F.A. No.51 of 1988).
S. 18
Constitution of Pakistan (1973), Art.185(3)
Beneficiary of acquired land has no right and locus standi to either file reference against the award of compensation or appeal against the judgment arising out of the reference under S.18, Land Acquisition Act, 1894
Petition for leave to appeal by the beneficiary being not maintainable, was dismissed by Supreme Court. Pir Khan through his Legal Heirs v. Military Estate Officer, Abbottabad and others PLD 1987 SC 485; Pakistan Steel Mills Corporation Limited and others v. Deputy Commissioner (East Karachi) and others 1989 SCRM 812; Iftikhar Hussain Shah and others v. Pakistan through Secretary, Ministry of Defence, Rawalpindi and others 1991 SCMR 2193; Land Acquisition Collector, Abbottabad and others v. Muhammad Iqbal and others 1992 SCMR 1245; Pakistan through Military Estate Officer, Kharian Cantt. and another v. Hayee Khan through legal heirs and 5 others PLD 1995 SC 418; Federation of Pakistan and another v. Abdul Hayee Khan and, others 1996 SCMR 1389; Defence Department of Pakistan through Secretary, Ministry of Defence v. Province of Punjab and another 2006 SCMR 402 and IBP Pakistan Exploration and Production v. Sher Ali Khawaja and another PLD 2008 SC 400 rel.
Judgment & Decree
MIAN HAMID FAROOQ, J.
Petitioner seeks leave to appeal against judgment, dated 7-4-2004 whereby the .Division Bench of the Lahore High Court, Multan Bench dismissed petitioner's appeal (R. F. A. No.51 of 2004) on the ground that "such a company or local authority has no right to ask for reference under section 18 of the Act, neither does the Act give such a party a right of appeal".
2. We have heard the learned counsel for the petitioner and examined the available record. Admittedly, the land was required for construction of 132 KV Grid Station by WAPDA and thus land was acquired for the use and benefit of the petitioner authority, which was the beneficiary. This Court has time and again declared in number of judgments that a beneficiary of acquired land has no right and locus standi to either file reference against the award of compensation or appeal against a judgment arising out of the reference under section 18 of the Land Acquisition Act, 1894. Reference can be made to the cases of Pir Khan through his legal heirs v. Military Estate Officer, Abbottabad and others PLD 1987 SC 485, Pakistan Steel Mills Corporation Limited and others v. Deputy Commissioner (East Karachi) and others 1989 SCMR 812, Iftikhar Hussain Shah and others v. Pakistan through Secretary, Ministry of Defence, Rawalpindi and others 1991 SCMR 2193, Land Acquisition Collector, Abbottabad and others v. Muhammad Iqbal and others 1992 SCMR 1245, Pakistan through Military Estate Officer, Kharian Cantt. and another v. Hayee Khan through legal heirs and 5 others PLD 1995 SC 418, Federation of Pakistan and another v. Abdul Hayee Khan and others 1996 SCMR 1389, Defence Department of Pakistan through Secretary, Ministry of Defence v. Province of Punjab and another 2006 SCMR 402 and IBP Pakistan Exploration and Production v. Sher Ali Khawaja and another PLD 2008 SC 400.
3. In view whereof present petition filed by the beneficiary is not maintainable and it has no locus standi to file the present petition which is hereby dismissed and leave refused. M.B.A./W-3/SC Petition dismissed.