WEST PAKISTAN WATER AND POWER DEVELOPMENT AUTHORITY AND 2 Others
This matter came before the Supreme Court of Pakistan concerning Civil Miscellaneous Application No. 29-R of 1981 and Civil Appeal No. 272 of 1979 involving the West Pakistan Water and Power Development Authority. The core legal question addressed was the determination of the appropriate price per kanal for land acquisition or compensation, which was the subject of the impugned orders. Upon preliminary hearing and discussion, the parties reached a mutual agreement to resolve the dispute. The Court accepted this consensus, holding that the impugned orders should be maintained in their entirety, with the sole modification that the price be adjusted from Rs. 4,000 per kanal to Rs. 3,000 per kanal. Consequently, the Court disposed of the pending application and appeal in accordance with the terms of this agreement, with no order as to costs. This judgment establishes the principle that where parties reach a settlement during appellate proceedings, the Court may dispose of the matter by incorporating the agreed-upon terms into its final order, thereby modifying the impugned decision to reflect the mutual consensus of the litigants.
- Can the Supreme Court dispose of an appeal based on a mutual agreement reached between the parties during the hearing?
- Is a court empowered to modify the price determined in an impugned order if the parties agree to such a change?
ORDER
1. MUHAMMAD AFZAL ZULLAH, J-After some preliminary hearing/discus--sion, both the learned counsel have agreed that the following order may be passed for the disposal of Civil Miscellaneous Application No. 29-R of 1981 and Civil Appeal No. 272 of 1979: "Except for the change (in the impugned orders) of the price from ,Rs. 4,000 per kanal to Rs. 3,000 per kanal, the impugned orders shall stand as they are."
2. These matters are decided and disposed of in terms of the aforenoted agreement. There shall be no order as to costs.