| Citation(s) |
|---|
| 2017 SLG 2473 2017 SLD 2473 2017 YLR 1895 |
Supreme Court (AJ&K)
Civil Appeals Nos. 382 of 2015 and 164 of 2016, decisionDated: 10-2-2017. Hearing Date : 19-1-2017. (On appeal fromthe judgment of the High Court, Dated 22.5.2015 in CivilAppeals Nos. 187 and 205 of 2012).
CH. MUHAMMAD IBRAHIM ZIA, JUSTICE, RAJA SAEED AKRAM KHAN, JUSTICE
Sardar Javed Naz, Additional Advocate General for Appellants (in Civil Appeal No. 382 of 2015).Sardar Muhammad Rauf Khan for
Respondents (in Civil Appeal No. 382 of 2015).Sardar Muhammad Rauf Khan for Appellants (in Civil Appeal No. 164 of 2016).Sar
Civil Appeals Nos. 382 of 2015 and 164 of 2016, decisionDated: 10-2-2017. Hearing Date : 19-1-2017. (On appeal fromthe judgment of the High Court, Dated 22.5.2015 in CivilAppeals Nos. 187 and 205 of 2012).
CH. MUHAMMAD IBRAHIM ZIA, JUSTICE, RAJA SAEED AKRAM KHAN, JUSTICE
Sardar Javed Naz, Additional Advocate General for Appellants (in Civil Appeal No. 382 of 2015).Sardar Muhammad Rauf Khan for
Respondents (in Civil Appeal No. 382 of 2015).Sardar Muhammad Rauf Khan for Appellants (in Civil Appeal No. 164 of 2016).Sar
AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR THROUGH CHIEF SECRETARY, MUZAFFARABAD AND ANOTHERVS WAHEED AHMED KHAN AND 10 OTHERS
Law:
Section:
(a) Land Acquisition Act (I of 1894)--- ----Ss. 18, 12 & 9---Acquisition of Land---Reference to Court---Limitation---Commencement of---Award issued in absence of landowner---Notice---Necessity--- Expressions "any person interested who has not accepted the award" and "whichever period shall first expire"---Scope---Issue, non-framing of---Effect---Collector Land Acquisition was bound to give immediate notice to such persons interested who were not present personally or by their representatives when award was issued---When property was acquired and award was issued in absence of land owner then Collector Land Acquisition was bound to issue immediate notice to such person---If no such notice was issued then limitation for reference petition would start from the date of knowledge and not from the date of award---Pre-condition for acceptance or non-acceptance of a thing was awareness and knowledge of such thing or an offer from the other side---Service of notice under Ss. 9 & 12 of Land Acquisition Act, 1894 was mandatory requirement which could not be dispensed with---When notice was issued under S. 12(2) of Land Acquisition Act, 1894 then limitation to file reference petition would be six weeks from the date of receipt of notice---If no such notice was issued then limitation would be six months from the date of award---If Collector Land Acquisition failed to give immediate notice and same was issued after passage of five months of award and land owner received the said notice before expiry of six months then period of six months would be lesser as compared to six weeks from the date of receipt of notice---If notice was not issued under S.12(2) of Land Acquisition Act, 1894 to the interested person and he acquired knowledge after a period of five and half month then lesser period would be six weeks and limitation would be six weeks from the date of knowledge and not six months from the date of knowledge---When award was issued under S.12(2) of Land Acquisition Act, 1894 and no notice was issued to the land owner then limitation in such case would be six weeks from the date of knowledge---No notice under S.12(2) of Land Acquisition Act, 1894 was issued,…