Law: Land Acquisition Act, 1894

Section: 18,30,31,31(2)

Land Acquisition Act (I of 1894)-- ----Ss. 18 & 31---Reference to court---Compensation---Acceptance of award without protest--- Effect--- Appellant sought enhancement of compensation amount and respondent through cross-appeal sought dismissal of reference application---Validity---'Qabaz ul Wasol' did not reflect recording of protest by the appellant at the time of receipt of compensation--- Appellant in the reference application did not mention that the amount of compensation was received by him under protest---Authority in its written reply before trial court had taken a specific objection regarding the maintainability of the reference application on the ground that the amount of compensation was received by the appellant without recording his protest---Reference application filed by the appellant was not maintainable---Appeal filed by appellant was dismissed and that of Authority was allowed, consequently and decree passed by the Trial Court was set aside. Government of NWFP and others v. Akbar Shah and others 2010 SCMR 1408 and Land Acquisition Collector (M-I) National Highway Authority, Islamabad and 4 others v. Zahir Shah and 5 others 2016 YLR 462 rel. THIS JUDGMENT DELIVERED BY: SHAMS MEHMOOD MIRZA, J.--- This appeal is filed under section 54 of the Land Acquisition Act, 1894 (the Act) to challenge judgment and decree dated 29.09.2017 passed by the trial court seeking enhancement in the amount of compensation awarded by Land Acquisition Collector. National Highway Authority (NHA) has also filed appear bearing R.F.A. No.22 of 2018 to challenge judgment and decree dated 29.09.2017 whereby the reference application under section 18 of the Act filed by the appellant in the present appeal was partially allowed and the compensation amount was enhanced to Rs.10,000/- per Marla. This order shall decide both the cross appeals. 2. We do not wish to indulge into lengthy examination of the evidence of the parties in view of the preliminary objection raised by the NHA regarding the maintainability of the reference application filed by the appellant herein. 3. It is submitted that the appellant accepted the amount of compensation from the Land Acquisition Collector…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492