Law:

Section:

Land Acquisition Act (I of 1894)----Ss. 4, 18 & 54---Constitution of Pakistan (1973), Art.185(3)---Acquisition of land---Determination of amount of compensation---Petitioners filed appeal in acquisition matter praying for enhancement of compensation---Petitioner, during pendency of said appeal, made application for treating said appeal partly as constitutional petition as well---Single Judge of High Court converted said appeal into a constitutional petition, but same was dismissed by Division Bench of the High Court vide impugned ---With the consent of parties, petition was converted into appeal by the Supreme Court and same was allowed---Impugned passed by a Division Bench of High Court, was partly set aside and modified to the extent of determination of question of enhancement of compensation---Constitutional petition was reconverted into appeal, which would be deemed to be pending for its disposal by the High Court on merit and in accordance with law only with regard to quantum of compensation of the land. ORDER FAQIR MUHAMMAD KHOKHAR, J.---The petitioners filed R.F.A. No.59 of 1991 against the judgment of the Referee Judge in an acquisition matter praying for the enhancement of the compensation. During the pendency, of the R.F.A. before the learned Peshawar High Court, Peshawar, the petitioners made an application (C.M.A. No.62 of 1996) for treating the RFA partly as constitutional petition as well. Vide order dated 10-7-1999, a learned Single Judge of the Peshawar High Court converted the R.F.A. into a writ petition which was numbered as Writ Petition No.957 of 1999. The same was dismissed by the learned Division Bench of the Peshawar High Court, vide impugned judgment dated 1-7-2004, and the acquisition proceedings were held to be valid. 2. The learned counsel for the petitioners vehemently argued that he had moved an application for conversion of the R.F.A. into a writ petition only to-the extent of questioning the validity and legality of the acquisition proceedings and not regarding enhancement of compensation. Therefore, there was no occasion for the Peshawar High Court to dispose of the matter of enhancement of…

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