Law: Land Acquisition Act, 1894

Section: 18(3)

Land Acquisition Act (I of 1894)--- ----Ss. 18 (3) [as amended by Sindh Land Acquisition (Amendment) Act (VIII of 1992)] & 54---Civil Procedure Code (V of 1908), O.XX, R.5---Acquisition of land---Filing of reference---Procedure---Issue-wise finding, non-giving of---Effect---Appellant/acquiring authority directly filed Reference before Referee Court which was dismissed, without giving issue-wise findings on all issues---Validity---Where Court can decide only one issue, if finding on such issue is sufficient to decide the suit then there is no need to discuss all other issues framed in the suit---Company or local authority could, by written application to the Collector, require that the matter be referred to by the Collector for determination of the Court---Appellant/ acquiring authorities could by written application to the Collector require the matter to be referred to by the Collector for determination of the Court on such written application and the Collector must refer the matter to the Court within 15 days---High Court directed Trial Court to decide the reference after recording evidence of all parties interested---High Court also directed to record evidence of respondents, and after framing issues, decide all issues as envisaged under the provision of O. XX, R. 5, C.P.C.---High Court directed Referee Court to examine Collector as witness who was author of the award and was an important witness---Appeal was allowed accordingly. Land Acquisition Collector/Officer Pak-Arab Refinery Ltd. (PARCO), Shikarpuar and another v. Yaseen Khan and another PLD 2008 Kar. 297; 2009 SCMR 371; PLD 2007 SC 271; Land Acquisition Collector and 6 others v. Muhammad Nawaz and 6 others PLD 2010 SC 745; Fazal Karim and 3 others v. Azad Government of the State of Jammu and Kashmir through Chief Secretary, Muzaffarabad and others PLD 1998 SC (AJ&K) 26; Pir Khan through LRs's case PLD 1987 SC 485 and Muhammad Sarwar v. The State PLD 1969 SC 278 ref. JUDGMENT MUHAMMAD SALEEM JESSAR, J.---The appellant, Water and Power Development Authority (WAPDA), through these First Appeals, have assailed the Judgment dated 25.05.2012, passed by 1st Additional District Judge, Sanghar, acting as…

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