| Citation(s) |
|---|
| 2019 SLG 629 2019 SLD 629 2019 MLD 365 |
C.F.A. No. 7 of 2017, decision & hearing Dated: 04-04-2017.
MUHAMMAD ALAM, JUSTICE
Petitioner(s) by: Shahid Abbas Junior to Counsel
Respondent(s) by: Johar Ali Additional Advocate General
SAIFULLAH
VS
MALIKAN BOTOKHAIL THROUGH REPRESENTATIVES AND OTHERS
Law: Land Acquisition Act, 1894
Section: 18
Land Acquisition Act (I of 1894)--- ----S. 18---Reference to Court---Compensation amount, payment of---Reference was sub judice before the Reference Court wherein amount of compensation fixed was disputed between the parties---Reference Court was yet to determine as to whether amount of compensation fixed was correct or not---Landowner, who had already received the amount of compensation, was directed by the Chief Court to deposit the said amount in the account of Reference Court who failed to comply with the order of Chief Court nor filed any appeal against the order before the Supreme Appellate Court---Proceedings before the Chief Court, in appeal, could not continue unless the landowner complied with the order of the Chief Court---Appeal of landowner was based on mala fide and was frivolous, he was using delaying tactics---Reference Judge was directed to use coercive steps for enforcing the order of Chief Court for deposit of amount received by the landowner---Appeal was dismissed in circumstances. THIS ORDER PASSED BY: MUHAMMAD ALAM, J.--- This is civil first appeal against order dated 20.01.2017, passed by the learned Vacation District Judge Gilgit. 2. Respondents filed a petition (Ref. Petition No.189/2016) under section 18 of the Land Acquisition Act, 1894, in the Referee Court/District Court Chilas Diamer, challenging receipt and deposit of amount of Rs. 4,94,56,250/-, as award amount of some award. Appellant deposited amounts of Rs.4,94,56,250/- that he received in connection with some compensation of some lands and deposited the same in the bank of respondent No.14. Later on appellant drew the said amount from the bank of respondent No.14. Learned Vacation Judge passed impugned order in the following words:-- 20-01-2017 "Reader's report perused. Learned counsel for the petitioners heard on preliminaries. Matter is an urgent matter. Same be registered in the relevant register of District and Sessions Court Chilas and notice be issued to respondents. 2. The Assistant Commissioner Chilas is directed to recover the amount from the concerned bank and the same recovered amount be placed in the official account of District Court Chilas forthwith. The Manager…
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