| Citation(s) |
|---|
| 1993 SLG 318 1993 SLD 318 = 1993 PLD 197 |
Supreme Court of Pakistan
Civil Appeals Nos.241-P and 242-P of 1990, decision dated:10-12-1992 (On appeal from the judgment/order dated 0-5-1990of the Peshawar High Court, Circuit Bench, Abbottabad,passed in R.F.A., No.83 of 1978 and R.F.A. No.41 of 1978).
MUHAMMAD AFZAL ZULLAH, C.J., SAEEDUZZAMA.N SIDDIQUI AND WALI MUHAMMAD KHAN, JJ
Civil Appeals Nos.241-P and 242-P of 1990, decision dated:10-12-1992 (On appeal from the judgment/order dated 0-5-1990of the Peshawar High Court, Circuit Bench, Abbottabad,passed in R.F.A., No.83 of 1978 and R.F.A. No.41 of 1978).
MUHAMMAD AFZAL ZULLAH, C.J., SAEEDUZZAMA.N SIDDIQUI AND WALI MUHAMMAD KHAN, JJ
LAND ACQUISITION COLLECTOR NO.1, TARBELA DAM HARIPUR and another vsAURANGZEB KHAN and others
Law: Land Acquisition Act (I of 1894)
Section: 18 & 53
Law: Civil Procedure Code (V of 1908)
Section: 0.11, R. 2 & S. 11
Land Acquisition Act (I of 1894)..---- Ss. 18 & 53 --- Civil Procedure Code (V of 1908), 011, R. 2 & S. 11--- Reference --- Held, in the presence of earlier reference against award by the aggrieved person, second reference could not be filed by the same aggrieved person against the same Authority being hit by S. 11 and 0.11, R. 2, C.P.C. and also by the general principle of res judicata.M. Sardar Khan, A.-G., N.-W.F.P. and Nur Ahmed Khan, Advocate �on-Record for Appellants.Fida Muhammad Khan, Advocate Supreme Court and Syed Safdar Hussain, Advocate-on-Record for Respondents.Date of hearing: 10th December, 1992I JUDGMENT WALI MUHAMMAD KHAN, J.--These direct appeals have been filed against the judgments of the Peshawar High Court dated 13-5-1990, whereby, on the acceptance of the appeals bearing No.R.FA.-83/78 and R.F.A.-41/78 respectively, filed by Aurangzeb and others, respondents herein, the compensation determined by the Referee Judge vide his orders dated 6-5-1978 and 5-1-1978 respectively, was enhanced. The facts of the cases are that the land of the respondents comprising of various Khasra numbers in Village Thapla was acquired for the reservoir of Tarbela Dam vide Xward No.29 dated 26-10-1970. The respondents, feeling aggrieved from the award, filed objection petition challenging the assessment of compensation which was referred to the Referee Judge by the Collector who registered the same vide No.172/4 of 1971. After recording of evidence of the parties, the learned Additional District Judge, Hazara, vide his order dated 26-2-1974., enhanced the compensation worked out in the award. The appeal filed against it was withdrawn in the year 1976 and the decision of the Referee Judge attained finality; The respondents filed other Objection Petitions Nos.118/4 and 315/4 of 1977, praying for the change of classification of land and consequential increase in the compensation. The appellants hotly contested these objection petitions on legal and factual grounds. After recording such evidence which the parties - wished to adduce the learned Additional District Judge , vide his judgment and decree dated 6-5-1978 and 5-1-1978 respectively, changed…