Case Details

Citation(s)
2017 SLG 1274 2017 SLD 1274 2017 PLJ 29
Supreme Court (AJ&K)
C.A. No. 150 of 2015, decided on 6.12.2016. Date of hearing: 29.11.2016.
CH. MUHAMMAD IBRAHIM ZIA & RAJA SAEED AKRAM KHAN, JJ.
Mr. Muhammad Younas Arvi, Advocate for Appellants. Mr. Muhammad Khalil Ghazi, Advocate for
Respondent No. 1.

MUHAMMAD HANIF and 2 others . --Appellants

VS

MUHAMMAD SADIQ and 14 others . --Respondents

Law:

Section:

Land Acquisition Act, 1894 --.-- --.-- S. 18 --.-- Limitation for filing reference --.-- Reference application, dismissed on account of time barred --.-- Negligent party does not deserve for relief --.-- Compensation is substantial and not mere technical matter --.-- Validity --.-- Not earlier but at least they were in full knowledge of award but despite this they have not bothered to file reference --.-- Thus, findings recorded by reference Judge on point of limitation are quite in accordance with law --.-- Although, some other propositions have also been resolved by trial Court but as it has been conclusively decided that reference was hopelessly time barred, thus, deliberation on other propositions is just academic discussion --.-- Judgments of Courts below are legal one calling for no interference --.-- Appeal was dismissed. JUDGMENT Ch. Muhammad Ibrahim Zia, J. --.-- This judgment shall dispose of the titled appeal by leave of the Court which has been filed against the judgment of the High Court dated 12.02.2015 whereby the appeal filed by the appellants, herein, has been dismissed. 2. In brief, the facts of the case are that the appellants, herein, filed a reference application before the Collector, Mangla Dam Raising Project, on 06.05.2009 against the award No. 43/2006 dated 26.11.2006. It was stated that their father purchased the land measuring 3 kanal 17marla 4½ sarsahi, from Khewat No. 8 situate in Mozia Kunjri Mahal through sale-deed dated 19.02.1968 and a Mutation No. 221 was attested. The said land was acquired through above award and the compensation of the land measuring 1 kanal 16 marla 1½ sarsahi has been wrongly assessed in favour of respondents. The matter was referred to the Reference Judge. The learned Reference Judge, through judgment and decree dated 22.02.2010 dismissed the reference application being time barred. The appellants filed an appeal in the High Court which has been dismissed through impugned judgment, hence this appeal by leave of the Court. 3. Mr. Muhammad Younas Arvi, Advocate, the learned counsel for the appellants after narration of facts submitted that both the Courts below fell in error of law. It is almost settled…
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