WEST PAKISTAN WATER AND POWER DEVELOPMENT AUTHORITY, LAHORE vs Major ATA MUHAMMAD KHAN and 8 others
This matter arises from a petition for leave to appeal against the dismissal of a Regular First Appeal by the High Court concerning land acquisition. Land was acquired for the Water and Power Development Authority (WAPDA), and the Land Acquisition Collector made an award. While WAPDA did not file objections or an appeal, the Province of West Pakistan filed a reference and subsequently an appeal against the District Judge's judgment upholding the compensation. The High Court dismissed the appeal as incompetent, holding that the Province was not affected by the award or judgment since the compensation was payable by WAPDA, relying on Pir Khan v. Military Estate Officer (PLD 1987 SC 487). Before the Supreme Court, the petitioner contended that the High Court misconstrued the precedent and that the view taken therein was subject to re-examination by a larger bench. The Supreme Court granted leave to appeal to be heard alongside the pending appeals raising the same question.
- Whether the Province can maintain an appeal against a land acquisition award and reference judgment when the compensation is payable by WAPDA and WAPDA itself did not object or appeal?
- Does the rule in Pir Khan v. Military Estate Officer bar an appeal by the Province under Section 18(3) of the Land Acquisition Act 1894 under such circumstances?
- Section 18(3), Land Acquisition Act 1894
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, C.J.---Leave to appeal has been sought; against the dismissal by the High Court of petitioner's Regular First Appeal in a matter relating to acquisition of land. The order is short one. It is reproduced below:-- "The land in dispute was acquired for Water and Power Development Authority. The Land Acquisition Collector made the award after proper proceedings. The WAPDA did not file any objection to the award but West Pakistan Province filed an application under section 18(3) of the Land Acquisition Act, 1894, challenging the award of the Land Acquisition Collector, Multan dated 11- 5-1961. The land owners resisted the reference and the learned District Judge ultimately vide judgment dated 5-5-1964 answered the reference. The amount of compensation as awarded by the Collector was upheld. The Province of West Pakistan feeling dissatisfied, filed the present appeal.
2. It is pertinent to note that the WAPDA, for whose sake, the land was acquired, neither objected to the award by filing a reference nor filed any appeal against the judgment of the learned District Judge. Admittedly, the amount of compensation for the land acquired, is to be paid by the WAPDA, which is independent from the Province of West Pakistan (now Punjab). We are of the view that the Punjab Province cannot maintain this appeal, as it is not, in any way, affected either by the award made or by the impugned judgment. In support of this view, the rule of law laid down in Pir Khan v.
2. Military Estate Officer, Abbottabad and others (PLD 1987 SC 487) may be referred to. The appeal is, therefore, incompetent and is dismissed with no order as to cost as the land-owners/respondents have not entered appearance to contest this appeal."
3. Learned counsel contends that the learned Judge, it appears, did not correctly interpret the judgment of this Court in the case of Pir Khan. In reality the appeal of the petitioner was competent on the touchstone of the said judgment. In the alternative he has contended that the view taken in the said judgment is being now re-examined in Civil Appeals Nos.75 and 76 of 1981 and several other appeals which are going to be fixed for hearing before a larger Bench during the next month.
4. ' Accordingly, leave to appeal is granted. To be heard with the said appeals. All the formalities including the submission of the paper books to be completed within a fortnight.