2009 PLP 860 (MLD)

SHAHJI RAHMAN KHAN, J.

For the disposal of this Writ Petition, it is sufficient to state that the controversy involved in this writ petition is as to whether those affectee land owners who have not filed any objection/appeal against the rate of compensation fixed in the award would be entitled for the enhanced rate of compensation granted on the reference/appeal of other affectee landowners?

2. Mr. Imtiaz Ali, Advocate, learned counsel for the petitioners submitted that it is not disputed that the land of the petitioners has been acquired by the respondents compulsorily for the construction of Islamabad/Peshawar Motorway through Award No.142/LAC/IPMP/ NHA, dated 23-10-2003 and the rate of compensation under the said Award subsequently stood enhanced by the Referee Judge, vide judgment and order, dated 11-12-2006. He next submitted that the petitioners though have not filed any objection petition, even then, in view of the dictum laid down by the superior Courts, are entitled to the compensation at the enhanced rate as determined by the Referee Judge referred to above. The learned counsel, by concluding his arguments, further submitted that on acceptance of this constitutional petition, the refusal of the respondents for enhanced compensation may be declared illegal, without lawful authority and of no legal effect and the respondents may be directed to pay to the petitioners the amount of compensation at the enhanced rate.

4. Mr. Sikandar Rashid, Advocate, learned counsel appearing for the respondents stated at the bar that ownership of the petitioners is not certain and they have to establish their ownership before claiming any compensation of the acquired land. He next submitted that those who are recorded owners in the revenue record would be entitled to get compensation to the extent of their entitlement and in view of the classification of the land irrespective of the fact as to whether some of them have not filed any objection/appeal against the rate of compensation.

5. In the instant case the petitioners have admittedly not filed any objection against the rate of compensation to the Court of Referee Judge while the affectee land owners filed objection on the rate of compensation fixed in the award which was enhanced by the referee Court. Since this issue has been resolved by august Supreme Court in case reported as 1998 SCMR 2197 and 1999 SCMR 2009 and the dictum laid down in the aforesaid case-law is that those affectee land owners who have not filed objections/appeals against the rate of compensation fixed in the award would be entitled for the enhanced rate of compensation allowed by the referee Court on the reference of other affectee land owners, the writ petition in hand is, therefore, allowed in the terms indicated above and the respondents are directed to make payment of the compensation at the enhanced rate to the petitioners as determined by the referee Court or by any other superior Court on the objection/appeal of the other affectee land owners of the same award in respect of their land if having equal character and the same potential value subject to their entry in the Revenue Record. H.B.T./64/P Petition allowed.