Case Details

Citation(s)
1983 SLG 267 1983 SLD 267 1983 SCMR 1105
Supreme Court of Pakistan
Civil Petition No. 522 of 1982, decision dated: 31st January, 1983.(On appeal from the judgment dated 29 3 1982 of the Lahore High Court Bahawalpur Bench, Bahawalpur in R. F. A. No. 51 of 1981/19 BWP)
NASIM HASAN SHAH AND M. S. H. QURAISHI, JJ
Aitzaz Ahsan, Advocate Supreme Court and Mahmud A. Qureshi, Advocate on-Record for Petitioners. M. A. Qadri, Advocate on-Record for
Respondent No. 1

CHOLISTAN CO OPERATIVE WOOL DEVELOPMENT MARKETING UNION Ltd, BAHAWALPUR

VS

BASHIR AHMAD AND another

Law:

Section:

Land Acquisition Act (I of 1894)--- S. 54 read with Limitation Act (IX of 1908); Art. 156 and Civil Procedure Code (V of 1908) Expression "notwithstanding anything to contrary in any enactment" occurring in S. 54 of Land Acquisition Act Application and scope Appeal from an award of a Reference C' curt Held, would lie, to High Court irrespective of value of such appeal and that provisions of Art. 156, Limitation Act would apply to appeal filed under S. 54, Land Acquisition Act. ORDER NASIM HASAN SHAH, J. This is a petition for leave to appeal directed against the judgment of a Division Bench of the Lahore High Court (Bahawalpur Bench) dated 29 3 1982 in R. F. A. No. 51/1981/BWP. The relevant facts are that the Collector of Bahawalpur took proceedings for the acquisition, inter alia, of 16 kanals of land belonging to respondent No. 1 in connection with the construction of a wool factory for the benefit of the petitioner. The necessary notifications under sections 4, 5 A and 6 of the Act were published between September, 1969 and October, 1971 and the market value of the land was assessed at Rs. 8,000 per acre along-with compulsory acquisition charges at the rate of 15 % and compound interest at the rate of 8 %. On 26 8 1974, respondent No. 1 moved an application before the Collector under section 18 of the Act, requesting that a reference; be made to the civil Court. The matter was thereupon referred by the Collector to the Senior Civil Judge, Bahawalpur, who, vide his judgment dated 21 6 1980, assessed the value of the land at the rate of Rs. 80,000 per acre and also allowed compound interest at the rate of 8 % from 1 1 1969 (the date of the petitioner's possession). The petitioner herein filed an appeal before the Lahore High Court, Bahawalpur Bench, namely, R. F. A. No: 51/1981/BWP on 26 10 1981, which was dismissed in 11mine by a Division Bench on 29 3 1982 on the ground that appeal was barred by limitation. It was held that Article 156 of the Limitation Act applied to an appeal preferred under section 54 of the Land Acquisition Act against the judgment of the reference Court (Senior Civil Judge, Bahawalpur) to the High Court. According to the said Article…
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