Law:

Section:

Land Acquisition Act (I of 1894)--- ----S. 18---Land acquisition---Enhancement of compensation---Execution petition by the landowners for payment of enhanced rate of compensation who were not party to the proceedings for enhancement---Scope---Petitioners-landowners who were not party to the proceedings for enhancement of compensation moved execution petition for payment of enhanced rate of compensation but same was dismissed by the Executing Court---Validity---Determination of compensation had attained finality---Benefit of enhanced rate of compensation was also to be extended to the petitioners-landowners (who were not party to the proceedings)---Impugned order passed by the Executing Court was set aside while restoring the execution petition---Execution petition filed by the petitioners-landowners should be deemed to be pending before the Executing Court for proceeding with the same in accordance with law treating the petitioners as decree holders in the case---Constitutional petition was disposed of accordingly. PLD 2010 SC 878 rel. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:---.--- Since the instant writ petition and W.P. No. 851-A/2015, titled Muhammad Saheed Janjoua and another v. Collector Acquisition, Abbottabad, and others and another Writ Petition No. 891-A/2015 titled Abdul Wahid v. Collector Acquisition, Abbottabad, and others, were clubbed together for hearing, this single order shall also dispose of the connected WP No. 851-A/2015 as well as W.P. No. 891-A/2015. 2. In this writ petition as well as in W.P. No. 891-A/2015, land measuring 12 Kanals was acquired for the purpose of construction of C&W Colony on Iqbal Road, Supply Bazar, situated in village Sheikhulbandi, Abbottabad, vide Award No. 1940-43 on 01.06.1988. The kind of land bearing Khasra Nos.844, 859, 860, 862, 863 and 858 was described as bari, and Rs.66,137/80 were fixed as price per kanal in the Award. The petitioners in both the writ petitions, respectively, claimed their ownership in the acquired khasra No. 860 measuring 1 kanal, 13 marlas and in khasra Nos.863-858 measuring 3 kanals, 17 marlas. The other land owners in the acquired land filed Objection Petition under…

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