Law: Land Acquisition Act (I of 1894)

Section: 18(3)

(a) Land Acquisition Act (I of 1894), Ss. 18(3) & 12(2) [as amended by Land Acquisition (Punjab Amendment) Act (XII of 1954) ]-Acquisition-Notice - Award given without notice to petitioners - Petitioners, nevertheless, claiming no prejudice caused to them by non-issuance of notice and showing willingness to accept same on its face-Remand order passed by Court, held, erroneous and set aside. Revenue Division Officer etc. v. Valla Raja of Chirakkal Kovilagam A I R 1944 Mad. 539 ; Pramatha Nath Mullick Bahadur v. Secretary of State A 1 R 1930 P C 64 ; Macdonald v. Secretary of State for India-in-Council 4 I C 914 and Abdul Sattar etc. v. Mst. Hamida Bibi P L D 1950 Lah. 370 ref. Ata Muhammad and another v. Assistant Commissioner (General), Bahawalpur etc. P L D 1961 B J 69 rel. Allah Rakha v. Nur Hussain P L D 1966 Lah. 960 distinguis hed. (b) Land Acquisition Act (I of 1894), Ss. 18(1), (2)(b), 3 & 19 read with Civil Procedure Code (Y of 1908), O. XXII-Limitation Reference proceedings under S. 18-Not proceedings in suit -Do not attract penal provisions of Civil Procedure Code, OXXII- Death of a party does not cause suit to abate if right to sue survives-Award, held, not invalidated by ab3ence of service of notice on petitioners-Collector's award given on 23-7-63, respon dents filing objection against same on 15-1-64 and thereafter moving application to bring on record heirs of deceased land-owner on 21-7-64-Contention that petition having been filed against award after 6 months; i.e., on 21-7-64, was time-barred-Held, objection in petition filed against award was within time-Subse quent to that it was for Court to bring before itself all interested parties-Award challenged in time, fact that all interested persons not cited by Collector in information under S. 19 will Trot by itself affect situation. Ata Muhammad and others v. Assistant Commissioner (General) Bahawalpur and another P L D 1961 B J 69 and Ghulam Muhammad v. Government of West Pakistan P L D 1967 S C 191 ref. Muhammad Saeed v. Government of West Pakistan P L D 1968 Lah. 1176 eel. Dates of hearing : 13th March and 1st May 1969.   JUDGMENT The facts of the case, as stated by the…