WATER AND POWER DEVELOPMENT AUTHORITY through. Chairman vs GHULAM SHABBIR and others
The petitioner, Water and Power Development Authority (WAPDA), sought leave to appeal against a judgment of the Lahore High Court, which had dismissed its appeal on the basis that a beneficiary of acquired land lacks the legal standing to challenge compensation awards. The core legal question before the Supreme Court was whether a beneficiary authority, for whose use land is acquired, possesses the locus standi to file a reference under Section 18 of the Land Acquisition Act, 1894, or to subsequently appeal against a judgment arising from such a reference. The Supreme Court dismissed the petition, affirming the established legal position that a beneficiary of acquired land has no right to initiate a reference against an award of compensation or to file an appeal against a judgment arising therefrom. The Court reiterated that the statutory framework does not confer such rights upon the beneficiary authority. Consequently, the petition was held to be non-maintainable due to the petitioner's lack of locus standi, and leave to appeal was refused.
- Does a beneficiary of acquired land have the locus standi to file a reference against an award of compensation under the Land Acquisition Act, 1894?
- Can a beneficiary authority file an appeal against a judgment arising out of a reference under Section 18 of the Land Acquisition Act, 1894?
- Section 18, Land Acquisition Act 1894
ORDER
' 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 SCM R 812, Iftikhar Hussain Shah and others v.
Pakistan through Secretary, Ministry of Defence, Rawalpindi and others 1991 SCM R 2193, Land Acquisition Collector, Abbottabad and others v. Muhammad Iqbal and others 1992 SCM R 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 SCM R 1389, Defence Department of Pakistan through Secretary, Ministry of Defence v.
Province of Punjab and another 2006 SCM R 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.