Law: Land Acquisition Act, 1894

Section: 54

Law: Limitation Act, 1908

Section: 5

(a) Land Acquisition Act (I of 1894)--- ----S.54---Limitation Act (IX of 1908) S.5---Appeal---Limitation---Condonation of delay---Scope---Appellants assailed and decree passed by Trial Court---Appeal was filed after a delay of 05 months---Appellants had not been able to sufficiently explain the inordinate delay within the parameters of law and the only reason furnished by the appellants was that they had been unable to accord the necessary sanctions from law department timely---In the absence of any valid explanation of the delay for each and every day, the appeal was not maintainable---Appeal was dismissed. (b) Limitation Act (IX of 1908)--- ----S.5---Dismissal of suit, instituted, after period of limitation---Scope---Where an appeal is not filed within stipulated period, it creates valuable rights in favour of the opposite party, such valuable rights cannot be taken away unless very strong, convincing and solid grounds are shown for condoning the delay. Government of Pakistan through Ministry of Works and another v. Messrs Malbrow Builders, Contractor, Sialkot 2006 SCMR 1248 and Imtiaz Ali v. Atta Muhammad and another PLD 2008 SC 462 rel. JUDGMENT SARDAR AHMAD HALEEMI, J.----This appeal is directed against the judgment and decree dated 13th March, 2021 (hereinafter the impugned judgment and decree) passed by the learned Additional Sessions Judge-X, Quetta (hereinafter the trial Court), whereby the Reference filed by the respondents under section 18 of the Land Acquisition Act, 1894 (hereinafter the Act, 1894) against the award dated 14th May, 2011 was accepted, wherein the rate of the property in question total measuring 2061 sq.ft. was enhanced from Rs.4200/- per sq.ft. to Rs. 5,000/- per sq.ft. in addition to 15% compulsory acquisition charge from the date of accrual till realization of amount. 2. The facts, in brief of the instant appeal are that the predecessor in interest of the respondents filed a reference under Section 18 of the Act, 1894 against the appellants with the averments that the Government of Balochistan for the purpose of construction of fly-over at Sariab Phatak, Quetta acquired lands measuring 145019 sq.ft. comprising Ward Nos. 7, 8 and 9…

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