Law:

Section:

Capital Development Authority Ordinance (XXIII of 1960), S. 36-Review-Authority not challenging Deputy Commissioner's award by going in appeal to Commissioner but land-owners doing so ­Deputy Commissioner, in circumstance, could not review his own order or alter award either during pendency of appeal or after its decision-Interference in review by Deputy Commissioner and Com­missioner, held, rightly refused. Under section 36 of the Ordinance it was open to the Capital Development Authority to challenge the award of the Deputy Commissioner by way of an appeal before the Commissioner, but it did not do so and instead filed a review petition before the Deputy Commissioner himself after his award had been challenged in appeal by the land-owners. In these circumstances, it was clearly not open to the Deputy Commissioner to proceed to review his own order during the pendency of the appeal before the superior officer ; nor could the Deputy Commissioner alter the award in review after the appeal had been decided by the Commis­sioner. In these circumstances, the Deputy Commissioner acted correctly in refusing to interfere in review. The Commissioner also acted correctly in rejecting the review filed by the Authority as he had already considered the matter in appeal at the instance of the land-owners. ORDER ANWARUL HAQ, J.-This order will dispose of Civil Petitions bearing Nos. 259, 295 and 296 of 1972 which raise common questions of law and fact. The petitioner in all these cases is the Capital Development Authority, Islamabad, for whose benefit certain lands were acquired from private land-owners cited as respondents in these cases. The acquisition proceedings were taken by the Deputy Commissioner, Capital Development Authority; and compensation was assessed at certain rates in each case according to the quality of the land acquired. The land-owners filed appeals against the assessment of compensation which were accepted by the Commissioner appointed under the Capital Development Authority Ordinance, 1960, and the amount of compensation was enhanced. The Capital Development Authority did not file any appeal against the orders of the Deputy Commissioner but instead…

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