Law:

Section:

Land Acquisition Act (I of 1894)--Ss.18(3) & 22-A---Land acquired for West Pakistan Water and Power Development Authority---Dispute relating to award of compensation---Appeal preferred by Provincial Government whether competent ---Authority for whose use land was acquired could not file reference/appeal; only the Provincial Government was empowered to file reference or appeal---Notwithstanding the fact that land in question was required for West Pakistan Water and Power Development Authority, dissatisfaction with the award was that of the Provincial Government, which was competent to file and agitate against the award and in fact agitated against it---No defect in appeal as filed by the Provincial Government thus existed---Party having a right of reference has necessarily a right of appeal---High Court thus erred in finding that Provincial Government was incompetent to file appeal---Case was remanded to High Court for decision on merits. Pir Khan through his Legal Heirs v. Military Estate Officer, Abbottabad and others PLD 1987 SC 485 and Iftikhar Hussain Shah and others v. Pakistan through Secretary, Ministry of Defence, Rawalpindi and others 1991 SCMR 2193 ref. JUDGMENT SHAFIUR RAHMAN, J.--Leave to appeal was granted to examine whether the decision in Pir Khan through his Legal Heirs v. Military Estate Officer, Abbottabad and others PLD 1987 SC 485 was correctly invoked for deciding the Regular Second Appeal filed by the Provincial Government before the High Court by its judgment dated 7-6-1988. 2. The land in dispute located in Multaq was acquired under the Land Acquisition Act for WAPDA. The Land Acquisition Collector, Multan gave an Award. The Provincial Government objected to the award and filed a Reference application under subsection (3) of section 18 of the Punjab Land Acquisition Act. It was adjudicated upon by the District Court on 5-5-1964 whereby the Reference of the Provincial Government for reduction of the Award price was rejected and the compensation awarded by the Collector remained intact. The Provincial Government filed an appeal in the High Court under section 54 of the Land Acquisition Act. It came up for disposal and the High Court…

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