Law:

Section:

Punjab Acquisition of Land (Housing) Act (VIII of 1973)-------Ss. 7, 11 & 14---Arbitration Act (X of 1940), Ss. 30 & 33---Punjab Acquisition of Land (Housing) (Repeal) Act (XII of 1985), S.3---Constitution of Pakistan (1973), Art.185(3)---Land acquisition---Award---Compensation, entitlement to---Declaratory decree deciding question of title in favour of respondent---Amendment of award in terms of decree---Petitioner filed Constitutional petition with prayers to set aside order of amendment of award and to restrain authority not to give effect to decree---High Court with consent of parties referred matter to arbitrator to decide question as to who was entitled to land---Arbitrator in award gave finding that such decree should be honoured---Award was upheld by High Court---Validity---Declaratory decree had become final between parties as to their right in land---Such decree could be given effect to by all concerned authorities, who were to award compensation in lieu of land acquired---Petitioner in Constitutional petition had prayed for a direction contrary to the rights determined by Civil Court in a suit between parties---No direction could be given to authorities to act contrary to decree---Granting such relief would amount to directing persons performing functions in connection with affairs of the Province to refrain from doing what law required them to do---Arbitrator by rendering such finding had not misconducted himself in the proceedings---By referring matter to arbitrator, finding of decree had not diluted and matter did not stand re-opened---Award had been delivered, but compensation had not been granted to any party, thus, proceedings had not been finalized under Punjab Acquisition of Land (Housing) Act, 1973---Authority was bound to honour decree of Civil Court and give compensation to person, who was declared to be owner of land---Supreme Court dismissed petition and refused leave to appeal. Dr. Abdul Basit, Advocate Supreme Court for Petitioners. Rashid Ahmad, Advocate Supreme Court for Respondent No.2. Umar Atta Bandial, Advocate Supreme Court for Respondents Nos. 3 to 6 and 8 to 10. Date of hearing: 22nd December, 2003. ORDER MUNIR A.…

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