Law: Land Acquisition Act (I of 1894)

Section: 18, 31(2)

 Summary The Court held that a reference under Section 18 of the Land Acquisition Act, 1894 cannot be dismissed as non-maintainable merely because the landowners accepted compensation without protest. Filing of the reference itself constitutes implied protest. The Referee Court’s failure to decide the matter on merits despite recording evidence was unlawful, and the case was remanded for fresh decision.  Tag Line Filing of reference under Section 18 is itself proof of protest; compensation disputes must be decided on merits. ORDER; SABIT ULLAH KHAN, J:- This single judgment in the instant  petition  shall  also  decide  the  connected  R.F.A No.117-M/2024 as both the matters are the outcome of same award No.06/2021 dated 06.04.2022 besides identical question of law and facts is involved therein. Arguments heard. Record perused. It transpires from the available record that for the purpose of “Construction of Tehsil Chakesar Playground, District Shangla,” the property including khasra Nos. 382 & 389, owned by the appellants, was acquired through the subject award. The rate of compensation of the appellant’s property was fixed @ Rs.4,15,212/- per kanal and they, being aggrieved, have filed References No.1/4 & 02/4 of 2022 u/s 18 of the Land Acquisition Act, 1894; however, the same were ultimately dismissed by the learned Referee Court vide impugned judgments dated 23.10.2024. Record shows that after filing of the references/ objections by the appellants/landowners, the same were duly contested by the respondents through written replies. Issues were framed by the learned Referee Court, evidence was recorded and local commission was appointed for spot inspection, which submitted its report, inter alia, regarding the nature and potentiality of…