Law:

Section:

Land Acquisition Act (I of 1894)---Ss. 54 & 18(3) [as amended by, S.2 of Land Acquisition (Sindh Amendment) Ordinance (IV of 1992)]---Constitution of Pakistan (1973), Art. 185(3)---Right of appeal---Company or local authority---Appeal against rejection of reference made to District Judge under S.18(3) of Land Acquisition Act, 1894, before High . Court was dismissed being incompetent---Validity---Appeal by a Company or local authority was competent---In view of amendment made in S.18(3) of Land Acquisition Act, 1894 vide Land Acquisition (Sindh Amendment) Ordinance (IV of 1992)---High Court while disposing of appeal had not dealt with the said amendment---Supreme Court set aside the impugned order and remanded the case to High Court for its decision in accordance with law---Petition was converted into appeal and was allowed in circumstances. ORDER ABDUL HAMEED DOGAR, J.---The petitioners seek leave to appeal against the order, dated 15-6-2000 of the Division Bench of High Court of Sindh Bench at Sukkur passed in lst Civil Appeal No.8 of 1996, whereby the appeal of the petitioners was dismissed being incompetent and not maintainable. 2. The facts leading to the filing of the petition are that an area measuring 18.74 acres belonging to respondent No. 1 was acquired for construction of the Electric Grid Station at Jacobabad. Accordingly a notification under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the "Act") was got published in the Sindh Government Gazette dated 25-4-1993 whereby total land measuring 129.25 acres was acquired for installation of Grid Station and Sui Gas Installation for P.A.F. Base, Shahbaz Jacobabad. Thereafter another notification under sections 6 and 17(4) of the Act was got published in the Gazette on 15-5-1994 whereby the land of respondent No. 1 viz: 18.34 acres in Deh Rindwahi Taluka and District Jacobabad was acquired by the Ministry of Defence, and an Award amounting to Rs.8,02,63,111 was passed on 7-3-1995 by the respondent No.2--the Land Acquisition Offer. Being aggrieved the Government of Sindh through Collector, District Jacobabad made a reference under section 18(3) of the Act to the District Judge…

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