Law: Land Acquisition Act, 1894

Section: I,18,31(2),54

Land Acquisition Act (I of 1894)-------Ss. 18, 31(2) & 54---Acquisition of land---Compensation accepted without objection---Reference to Court---Maintainability---Documents not filed by party--Proof---Respondents / landowners being dissatisfied with the compensation preferred a Reference and Referee Court enhanced the compensation---Validity--Respondents / landowners were debarred to file Reference claiming enhancement of compensation as they did not record any protest at the time of receipt of compensation---Documentary evidence was produced on behalf of respondents / landowners by their counsel in his statement whereas it was mandatory requirement of law that documents relied upon should be produced in evidence by the party in its own statement so that the adverse party could have a fair opportunity to cross-examine the same---Documents produced by respondents / landowners lacked intrinsic value and such documents were validly excluded from consideration---High Court set aside compensation fixed by Referee Court and dismissed Reference filed by respondents / landowners---Appeal was allowed in circumstances.Lahore Ring Road Authority and others v. Mian Mumtaz and others 2021 CLC 178; Ghulam Muhammad v. Government of West Pakistan PLD 1967 SC 191; Government of N.W.F.P and others v. Akbar Shah and others 2010 SCMR 1408; Land Acquisition Collector (M-1), National Highway Authority Islamabad and 4 others v. Zahir Shah and 5 others 2016 YLR 2462; Mst. Akhtar Sultana v. Major Retd. Muzaffar Khan Malik through his legal heirs and others PLD 2021 SC 715 and Rustam and others v. Jehangir (deceased) through LRs. 2023 SCMR 730 rel.Date of hearing: 13th May, 2024.JUDGMENTCH. MUHAMMAD IQBAL, J.---Through this regular first appeal under Section 54 of the Land Acquisition Act, 1894, the appellant has challenged the validity of the judgment and decree dated 22.09.2023 whereby the learned referee Court/Senior Civil Judge, Kasur accepted the reference under Section 18 of the Act ibid filed by the respondents.2.    Brief facts of the case are that the respondents filed a reference under Section 18 of the Land Acquisition Act, 1894 and contended that they…