Law:

Section:

BASHARAT AHMAD SHAIKH, J.---The High Court accepted a writ petition filed by respondents Gul Zaman, Khani Zaman and Sher Zaman and declared as illegal an award in respect of the land in dispute which was sought to be compulsorily acquired for public purpose. The present appeal with leave of the Court, has been instituted by Government of Pakistan through Secretary, Ministry of Defence and Military Estates Officer, Hazara Circle, Abbottabad. The Collector, whose order was quashed by the High Court, has not appealed.

It has been contended by Mr. Muhammad Yaqoob Mughal, the learned counsel for respondents Gul Zaman and 2 others mentioned above, that the appeal has not been validly instituted and entails dismissal on this ground alone. It has been pointed out that when petition for leave to appeal was filed on 1st of September 1992 no Vakalatnama on behalf of the Government of Pakistan was attached with the petition and only a Vakalatnama signed by Military Estates Officer, Hazara Circle, Abbottabad was included in the file. A Vakalatnama signed by the Deputy Secretary in the Ministry of Defence was filed in the office on 20th of September, 1992. It was thus contended by the learned counsel that the petition fur leave to appeal, which was subsequently converted into appeal, could not be deemed to be validly instituted on behalf of the Government of Pakistan. He further submitted that an additional factor which destroys whatever value the subsequently filed Vakalatnama carried is that limitation had already expired when Vukalatnama was placed on record. In respect of the other appellant, namely, Military Estates Officer, Hazara Circle, Abbottabad, the learned counsel contended that he had no right under law to challenge the order passed by the High Court.