WATER AND POWER DEVELOPMENT AUTHORITY THROUGH ITS CHAIRMAN vs GHULAM SHABBIR AND OTHERS
This petition for leave to appeal arose from a judgment of the Lahore High Court, which dismissed the petitioner's appeal regarding compensation for acquired land. The core legal question was whether a beneficiary of acquired land, such as the Water and Power Development Authority (WAPDA), possesses the locus standi to file a reference against an award of compensation or to pursue an appeal against a judgment arising from such a reference under the Land Acquisition Act, 1894. The Supreme Court dismissed the petition, holding that the beneficiary of acquired land lacks the legal standing to challenge compensation awards or file appeals under the Act. The Court reaffirmed established jurisprudence, noting that the statutory scheme does not grant such rights to the beneficiary authority. The key principle laid down is that the right to seek a reference or appeal under the Land Acquisition Act, 1894, is restricted and does not extend to the beneficiary for whose use and benefit the land was acquired, thereby rendering such petitions non-maintainable.
- 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 of acquired land file an appeal against a judgment arising out of a reference under the Land Acquisition Act, 1894?
- Section 18, Land Acquisition Act 1894
ORDER
' MIAN HAMID FAROOQ, L-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 (RFA No, 51/2004) 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 five 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 & 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 .