Law:

Section:

(a) Land Acquisition Act (I of 1894)-------Ss.18, 50 (2), proviso & 54---Appeal/reference against fixation of compensation---Competency and maintainability of reference and appeal by concerned Department for whose benefit acquisition was made---Proviso to S.50 (2), Land Acquisition Act, 1894, postulates that concerned department for whose benefit land had been acquired could not file either reference under S.18, or appeal under S.54, Land Acquisition Act, 1894---Shariat Appellate Bench of Supreme Court in its had declared provisions of Ss.18 & 50, Land Acquisition Act as being in contravention of Injunctions of Islam in so far as it prohibited or barred Local Authority, Company or Federal Government or its Department either to make reference or to file appeal---Effect---Provisions barring Federal Government to make reference or to file appeal had ceased to have effect after crucial date i.e. 30th September, 1991, when' law was deemed to have been amended although no amendment had yet been made---Federal Government or its concerned department, thus, could competently file reference/appeal against price of land fixed determined by Collector---Right to file reference or appeal by concerned Department, Company or Federal Government would, however, take effect prospectively i.e., from 30th September, 1991---Appeal in question having been filed on 7th September, 1995, was thus, competent and maintainable. 1996 CLC 412; 1994 SCMR 2091; Shariat Appeal No.7 of 1989; 1991 SCMR 2193; Pakistan v. Abdul Hayee Khan PLD 1995 SC 418; Ezra v. Secretary of State for India ILR 30 Cal. 36; 32 ILR Cal. 605; N. Bommon Behram and another v. -The Government of Mysore and others AIR 1970 Mys. 89 and State of Maharashtra (Public Works Department) v. Bapurao Dnyanoba Chiddarwar and others AIR 1973 Bom. 231 ref. (b) Constitution of Pakistan (1973)--- ----Art. 203-D(3)(b)---Repugnancy to Injunctions of Islam---Where any law or provision of law was found by Federal Shariat Court to be repugnant to Injunctions of Islam, such law or provision would, to the extent of such repugnancy, would cease to have effect on that day on which decision of Court was to have taken effect.. (c) Land…

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