Defence Department Of Pakistan, The Secretary Ministry Of Defence, Pakistan vs Province Of Punjab & Another
This matter arises from a petition filed by the Defence Department of Pakistan against the judgment dated 20th October 2005 passed by the Lahore High Court in RFA No. 187 of 2000, upholding the dismissal of a reference. The core legal question addressed is whether a beneficiary of acquired land is competent to file a reference under Section 18 of the Land Acquisition Act, 1894 to challenge the compensation awarded to the deprived landowners. The Supreme Court dismissed the petition, holding that beneficiaries of acquired land have no right to challenge the compensation given to deprived owners, reaffirming the established full bench precedent in Pakistan v. Abdul Hayee Khan (PLD 1995 SC 418). The key principle laid down is that a reference under Section 18 of the Land Acquisition Act, 1894 by a beneficiary of the acquired land is not competent.
- Is a reference under Section 18 of the Land Acquisition Act, 1894 competent when filed by a beneficiary of the acquired land?
- Do beneficiaries of acquired land have the right to challenge the compensation awarded to deprived owners?
- Section 18, Land Acquisition Act 1894
ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J. This petition has been filed against the judgment dated 20th October, 2005 passed by Lahore High Court, Lahore in RFA No. 187 of 2000.
2. Learned Deputy Attorney General contended that the reference Court dismissed the reference without any legal justification. When his attention has been drawn towards the case of Pakistan v.
Abdul Hayee Khan (PLD 1995 SC 418), wherein it has been held that appellants being beneficiaries of the land acquired had no right to challenge the compensation given to the deprived owners of the. Land by the competent Court, he stated that the view so taken by the Court is required to be revisited. We are not inclined to agree with the contention of learned Deputy Attorney General for the reason that full bench of this Court, on having taken into consideration all attending circumstances of the case and the law on the subject, had formed the opinion that a reference under Section 18 of the Land Acquisition Act, 1894 before a Referee Court, by a beneficiary, is not competent, therefore, no case for revisiting the earlier view taken by a full bench of this Court in reported judgment, is made out.
Thus for the foregoing reason, petition is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.