Law:

Section:

(a) Land Acquisition Act (I of 1894)--- ----Ss. 18 & 54---Civil Procedure Code (V of 1908), O.XLI, R.33---Constitution of Pakistan (1973), Arts. 199 & 185(3)---Leave to appeal was granted by Supreme Court to consider; whether in presence of provisions of exhaustive special law viz. Land Acquisition Act, 1894, and without resorting to S.18 thereof, an owner / affectee could claim enhancement of compensation directly in High Court by invoking provisions of Art. 199 of the Constitution; whether provisions of O.XLI, R.33 C.P.C. could be brought into play by court exercising jurisdiction under Art.199 of the. Constitution for giving relief to party that had never filed an appeal; and whether law applicable to appellate jurisdiction could be invoked during exercise of constitutional jurisdiction. (b) Land Acquisition Act (I of 1894)--- ----Ss. 18 & 54---Civil Procedure Code (V of 1908), O.XLI, R.33---Constitution of Pakistan (1973), Art. 199---Acquisition of land---Compensation, assailing of---Constitutional jurisdiction of High Court---Scope---Principle of past and closed transaction---Applicability---Award ­was announced on 21-6-1992, which was assailed by some of the landowners and matter was finally decided on 28-2-2001, by Division Bench of High Court in exercise of appellate jurisdiction--- Some of the landowners who earlier assailed the award .along with some of land owners who did not assail the award earlier before any court, once again assailed the award in year 2003, before High Court in exercise of constitutional jurisdiction---High Court set aside the award and enhanced the compensation---Validity---Judgment passed by Division Bench of High Court had attained finality and it could not be reversed by Judge in Chambers, of High Court in exercise. of his constitutional jurisdiction---Judgment of Division Bench of High Court could only be assailed before Supreme Court pursuant to the provisions contained in S.54 of Land Acquisition Act, 1894---Award was one and the same which was made on 21-6-1992 and therefore, it could not be assailed again as its impact, significance and import was decided on 28-2-2001, in appeal by Division Bench of High…

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