Law: Land Acquisition Act, 1894

Section: 18,19

Law: Code of Civil Procedure of 1882

Section: O.VII,R.11

Land Acquisition Act (I of 1894) --------- ----------Ss. 18 & 19 --------- -Civil Procedure Code (V of 1908), O. VII, R. 11 --------- Reference to court --------- Collector's statement --------- Powers of Referee Court --------- Rejection of plaint --------- Owner-objector filed suit for damages for loss suffered as result of acquisition of his suit land by Provincial Government, which was rejected by Trial Court under O. VII, R. 11, C.P.C. --------- Revisional court, setting aside decision of trial court, directed Collector to treat plaint of the suit as objection petition and refer the same to Referee Court under S. 18 of Land Acquisition Act, 1894 --------- Referee court dismissed the reference on ground of limitation --------- Validity --------- High Court directed the referee court to dispose of the matter on merits; as court had not exercised the jurisdiction vested in it under the law by refusing the remedy to petitioner merely on technical ground --------- Collector had referred the matter to Referee court without any objection as to limitation; thus, the Referee court was precluded to adjudge the matter (question of limitation) not referred to him --------- Referee court could not go beyond the reference --------- High Court, setting aside the impugned order, remanded the case to the Referee court for decision afresh on merits. PLD 2004 SC 512 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD GHAZANFER KHAN, JUSTICE------------ This appeal is directed against the judgment and decree dated 4-10-2011 passed by learned Referee Judge/Additional District Judge-VI D.I.Khan, whereby the objection petition of appellants filed under section 18 of Land Acquisition Act, 1894 was dismissed. 2. Brief facts of the case are that the respondents after acquiring certain property for construction of road from D.I.Khan to Serai Gambeela Project No. 55, while constructing the road the respondents forcibly demolished the bricks kiln along with the bricks, woods, Paka House which was built for the labourers and the parts of machinery which was available in the factory was also damaged. By this illegal act of the respondents, appellants sustained a loss of Rs. 3,13,66,750/-. 3.…

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