Law: Land Acquisition Act (I of 1894)

Section: 18,11

Land Acquisition Act (I of 1894)----S. 18, proviso-Limita tion-Matter for Collector to decide-No function of civil Court Powers of civil Court restricted to measurement of land, amount of compensation and its apportionment-Time-barred application referred by Collector to civil Court-Objection regarding limitation cannot be raised before civil Court.   Bashir Ahmad and others v. The Collector, Multan P L D 1962 Lah. 292 and Sind Industrial Trading Estates Ltd. v. First Assistant Judge, Hyderabad, West Pakistan and 4 others P L D 1960 Kar. 826 ref.   Land Acquisition Act (I of 1894)-----S. 11 - Collector's statutory duty to make inquiry-Nature and scope-Inquiry not of summary character-(Principle of natural justice)-Persons affected to be heard and given opportunity to adduce evidence-Collector's functions cannot be delegated-Collector without making inquiry passing award and submitting same to Chief Commissioner for approval-Chief Commissioner approving award-Such award deemed to be award of Chief Commissioner, not of Collector-Such award not an award in eye of law-Case remanded.   Date of hearing: 14th January 1965.   JUDGMENT   All the claimants have disputed the award made by the Collector of Karachi in the month of May 1958 (no date is mentioned) and have challenged it on both questions of fact and law. Objections raised by them inter alia are that this award made by the Collector of Karachi (Mr. Muzaffar Hussain) does not amount to award in the eyes of law (Land Acquisition Act). No inquiry was held by him under section 11 of this Act, that the compensation awarded by him is inadequate, that provisions of section 4 of Land Control (Capital of the Federation) Ordinance, 1948 (Ordinance XXVI of 1948) will not apply for various reasons, i.e. Karachi is no longer Capital of Pakistan, that the land acquired was not being used for the purpose of federal capital, that this Ordinance does not override the Land Acquisition Act, that the claimants could not be deprived of the rights vested in them under Land Acquisition Act for determination of compensation i.e. the value of land not under section 4 of the Land Acquisition Act but…