Law: Land Acquisition Act, 1894

Section: 18,29,29(2)

Law: Limitation Act, 1908

Section: 5

Land Acquisition Act (I of 1894)--- ----S.18---Limitation Act (IX of 1908), S. 5---Reference to court---Limitation---Condonation of delay---Scope---Appellants filed intra-court appeal against order passed by Single Judge of High Court, whereby order of Land Acquisition Collector was upheld by which reference filed by appellants under S.18 of Land Acquisition Act, 1894 was not referred to the Referee Court---Contentions of appellants were that Single Judge of High Court did not consider that appellants along with the Reference, had also filed an application under S.5 of Limitation Act, 1908 for condonation of delay in filing the Reference and that without deciding the application for condonation of delay, no order could be passed on their Reference---Validity---Appellants had submitted Reference beyond the prescribed period of limitation---When Collector came to the conclusion that the Reference filed by any party was barred by law, he could straight-away refuse to forward the same to Referee Court and could not condone the delay of his own or on the application of the aggrieved party---Intra-court appeal was dismissed, in circumstances. Port Qasim Authority through Secretary v. Executive District Officer (Revenue) Karachi and others 2017 YLR Note 14 fol. THIS ORDER PASSED BY: JAWAD HASSAN, JUSTICE---.--- Brief facts of the case are that the appellants filed W.P. No.9646/2016, challenging vires of order, dated 03.11.2016, passed by the Land Acquisition Collector (Punjab), whereby the reference filed by the appellants under section 18 of the Land Acquisition Act, 1894 was not referred to the Referee Court. The said Writ Petition came up for hearing on 18.04.2017 before the learned Single Judge of this Court when the same was dismissed; hence this Intra Court Appeal. 2 Learned counsel for the appellants contends that while passing the impugned order the learned Single Judge did not consider that along with the reference the appellants also filed an application under section 5 of the Limitation Act, 1908 for condonation of delay in filing the reference. Adds that as fundamental rights were involved in the matter the appellants could not be knocked on the basis of…

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