Law: Constitution of Pakistan, 1973

Section: 185(3)

Land Acquisition Act (I of 1894)--S.18--Constitution of Pakistan (1973), Art. 185(3)--Acquisition of land-Three-­fourth share in land owned by respondents, while remaining one-fourth share owned by appellant had been mortgaged with respondents--Dispute related to compensation payable in respect of one-fourth share--Owners of estate making joint statement before Collector that compensation should be apportioned among them in accordance with entries in the revenue record and that mortgagees should be paid only the principal amounts--Land Acquisition Collector acted on such statement of owners--Respondents applied for reference of case to Court on the ground that by the failure of mortgagors to redeem the mortgage within prescribed time, they had become its owners and as such they were entitled to receive compensation for the whole land--Court rejected reference being incompetent on the ground that instead of its being preferred under S.30, it had been made under S.18 of Land Acquisition Act--High Court on respondent's revision remanded the case to Acquisition Court for decision on merits--Order impugned before Supreme Court--Question whether appellants had lost their rights in land and whether by joint statement respondents had given up their claim to the entire amount of compensation, needed proper trial and in absence thereof, dispute between parties could not be resolved--Leave to appeal granted to appellants was thus withdrawn and their petition dismissed. Qazi Abdur Rashid, Advocate Supreme Court and S.Safdar Hussain, vocate-on-Record for Appellants Anwar H.Mir, Advocate Supreme Court and Nur Ahmad Khan, Advocate-on-Record (absent) for Respondents Nos.l, 3 and 4. Date of hearing: 8th October, 1988. JUDGMENT SAAD SAOOD JAN, J.--Land falling in village "Thapia" of "Abbottabad" District was acquired by the authorities in connection with the construction of the Tarbela Dam. Proceedings were initiated by the Land Acquisition Collector for the determination of the compensations and the apportionment thereof among persons interested therein. In this appeal we are concerned with a piece of land, measuring 7 "kanals" and 4 "marlas", falling in four "khasra" numbers.…

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