Law: Land Acquisition Act, 1894

Section: 4,11,18,54

Land Acquisition Act (I of 1894)--- ----Ss. 4, 11, 18 & 54---Acquisition of land---Determination of compen-sation---Reference to Referee Court---Limitation---Enhancement of amount of compensation---Landowner aggrieved from the assessed amount, filed reference to Referee Court 18 years and 8 months after the of issuance of award, without filing an application for condonation of delay for period of limitation---In view of such inordinate delay in filing reference, landowner should have mentioned in his application of condonation of delay, the exact date on which he came to know that Collector had issued award, but that had not been done---Landowner had remained silent for more than 18 years, and his reference was hopelessly time-barred, and such a long period could not be condoned in any case---Appeal was dismissed accordingly. 2005 SCR 9; 2006 SCMR 602; 2008 SCMR 1280; PLD 2008 SC 400; 2009 CLC 502 and 2009 MLD 1380 ref. Government of Pakistan and another v. Syed Ghulam Haider Shah and 5 others 2007 SCR 175 rel. THIS ORDER PASSED BY: MUNIR AHMED CHAUDHARY, JUSTICE:---.--- The supra titled both the appeals have been filed against the judgment of District Judge Rawalakot dated 19-9-2008, through which the reference filed by the appellant Kh. Ali Mohammad was accepted to the extent of compensation of the acquired land, which was enhanced as Rs.5,00,000 per kanal along with 15% compulsory acquisition charges. Both the appeals have to be decided through a single judgment. 2. Brief facts giving rise to the present appeals are that the land measuring 3 Kanals and 13 Marlas survey No. 522 (old) situated at Rawalakot was awarded for construction of road on 21-4-1986 under Award No. 931-36/SQ/86. The compensation of the awarded land was assessed as Rs.1,21,727 in total. 3. Feeling aggrieved from the assessed amount, the appellant/owner Kh. Ali Mohammad filed a reference before District Judge Rawalakot through Collector Land Acquisition on 24-12-2004 (after 18 years and 8 months approx. of issuance of award). It was stated in the reference that the appellant/owner was not aware of the award, as he was not issued any notice regarding acquisition of the land. When the…

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