Law:

Section:

(a) Constitution of Pakistan (1973)---Art.185(3)--Land Acquisition Act (I of 1894), S.23(2)-Leave to appeal granted to examine whether reference made by Provincial Government where acquisition had been made for a local authority, was competent and whether Court was not under a duty under S.23(2). Land Acquisition Act, 1894 to allow 15$ for compulsory acquisition. (b) Punjab Town Improvement Act (IV of 1922)-- ---Preamble, Ss.58, 59, 60 & 66--Object and scope of Act and Ss.58, 59, 60 & 66--Incorporation of Land Acquisition Act, 1894 in Punjab Town Improvement Act, 1922 was legislation by reference. (c) Interpretation of statutes-- --- Legislation by reference--Effect of adoption of one statute by another by reference is same as if adopted statute had been written into adopting statute--Such incorporation is meant to avoid necessity of repeating such provisions in subsequent Act dealing with same matter--Effect of incorporation by reference to the provisions of a former Act is as if new Act has come into force containing all those provisions subject to such modification and alterations, if any, as may be indicated in adopting Act. (d) Land Acquisition Act (I of 1894)-- --S.18(1) [as amended by Land Acquisition (Punjab Amendment) Act (XII of 1954)]--"Any person interested" includes all persons claiming an interest in compensation to be made on account of acquisition of land but does not include Government, or a local authority or a company on whose behalf or for whose benefit land has been acquired.-- (e) Land Acquisition Act (I of 1984)-- ---S.18(3) [as added by Land Acquisition (West Pakistan Amendment) Act (XXVII of 1958)]--Effect of amendment that while Local Authority or a company ceased to have any right to apply for reference, Provincial Government continued to have such right. (f) Constitution of Pakistan (1973)-- ---Art.185--Land Acquisition Act (I of 1894), S.18--Appeal to Supreme Court--Objection as to competency of reference before lower Courts had not being on account of inapplicability of S.18 (subsequently amended), no such objection having been raised or argued there, and no opinion was expressed by those Courts--No such specific objection…

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