Law: General Clauses Act (X of 1897)

Section: 3

Law: Land Acquisition Act (I of 1894)

Section: 53, 53

(a) General Clauses Act (X of 1897) S. 3-Local Authority'-Government whether Central or Provincial, held, cannot possibly be brought within purview of expression 'Local Authority' WAPDA v, Aurangzeb Khan and 17 othersr P L D 1975 Pesh. 1 and Mirpurkhas Sugar Mills Ltd., Karachi v. Maulvi Muhammad Suleh 1979 CLC7ref. (b) Land Acquisition Act (1 of 1894) Ss. 53 & 54--Appeal, right of-Central Government has same right of appeal as devolves on a party before a civil Court -Omission of an express provision permitting Government to prefer an appeal, held, cannot be understood to amount to prohibition-Central Government being a party before Reference Court and interested in result of litigation, appeals preferred by it maintainable.-[Appeal (civil)]. H. M. Siya & Co. Kar. v. Wazir Ali Industries Ltd., Karachi and another P L D 1969 S C 65 ref. Date of hearing : 8th October, 1979.                                                                                                                                     JUDGMENT MUHAMMAD KHURSHID KHAN, J:-These are fifteen Regular First Appeals, ten by the Central Government, Registered at Nos. 28/75, 68/75, 91/75,.95/75, 103/75, 107/75, 133/75, 7/76, 8/76 and 9; 76 for the reduction of compensation, and five by the owners registered at Nos. 36/75, 111/75, 112/75, 136/75 and 161/75 for the enhancement of amount of compensa tion, fixed by the Reference Court. There are two classes objection Registered at Nos. 3/76 and 4/76 by the proprietors in connection with two of these appeals, viz-- appeals Nos. 9;76 and 8/76 respectively directed against the compensation awarded to the objectors. All these aril out of twelve references under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), and registered at Nos. 10/4, 23/4. 36/4, 40/4, 73/4, 78/4 82/4, 83/4. 90/4,…