Law: Land Acquisition Act, 1894

Section: 18

Land Acquisition Act (I of 1894)--- ----S.18---Reference to Court---Limitation---Scope--- Appellant assailed order of court whereby the reference was dismissed being barred by time---Validity---Collector had forwarded the reference to the Court for adjudication without any objection of limitation---Question of limitation had to be determined by the Collector before sending the reference to the Court---Section 18 of the Land Acquisition Act, 1894 provided limitation period for filing the reference before the Collector and not to the Court---When the Collector had made the reference to the court then the question of limitation became redundant and could not be gone into by the referee court---Reference was remanded to the Trial Court with direction to decide the same on merits---Appeal was allowed. Bashir Ahmed v. The Collector Multan PLD 1962 (W.P) Lah. 292 and S.Attar Singh R.S Sardar Hira Singh v. Secretary of State for India AIR 1940 Pesh. 35 ref. Fazal Karim v. Azad Government of the Sate of Jammu and Kashmir PLD 1998 SC (AJ&K) 26 rel. JUDGMENT ABDUL HAMEED BALOCH, JUSTICE:---.---- Through this appeal the appellant prayed as under: "It is, therefore, respectfully prayed that the record of the court below may kindly be called for and after examining the same the operation of impugned order dated 24.06.2015, passed by learned Additional District Judge-V Quetta may kindly be set-aside and case may kindly be remanded for de-novo proceedings and providing opportunities to the parties to lead their evidence and matter be decided on its own merits, in the interest of justice, equity and fairplay." 2. Brief facts of the case are that the appellant filed a reference under Section 18 of the Land Acquisition Act, 1894 before the Collector/Deputy Commissioner, Quetta, with the averments that the appellants owned certain lands in Quetta Town measuring 67205.50 sq.ft bearing different Khasra numbers, situated in Mahal Karez Kamaloo, Karez Sarda, Karez Mian Khan, Mouza Aziz Khan, Tappa Shadanzai, Tehsil and District Quetta; that the said land situated on main Qambrani Road/Mastung Road started from Sabzal Road linking with Hazar Ganji Mastung Road, which has been…

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