| Citation(s) |
|---|
| 1983 SLG 588 1983 SLD 588 1983 PLD 578 |
Lahore High Court
Regular First Appeal No. 61. of 1982, decided on 11th June,1983
SAAD SAOOD, JAN AND ABAID MIA KHAN, JJ
Ch. Khurshid Ahmad assisted by Amir Alam Khan for Appellant.Aitzaz Ahsan and Umar Atta Bandial for
Respondents.
Regular First Appeal No. 61. of 1982, decided on 11th June,1983
SAAD SAOOD, JAN AND ABAID MIA KHAN, JJ
Ch. Khurshid Ahmad assisted by Amir Alam Khan for Appellant.Aitzaz Ahsan and Umar Atta Bandial for
Respondents.
PROVINCE OF PUNJAB THROUGH PROJECT DIRECTOR, HOUSING & PHYSICAL PLANNING DEPARTMENT---AppellantvsSHER MUHAMMAD AND another--Respondents
Law:
Section:
(a) Land Acquisition Act (I of 1894)- Ss. 12 (2) & 18-Acquisition of land-Reference-Limitation Collector earlier rejecting application for reference on ground of limitation but in pursuance of direction given in writ petition issuing notice to respondents under S. 12 (2) and referring question of limitation to civil Court with prayer to reject same on ground of limitation-Civil Court, held, competent to examine question of limitation and was not right in taking view that by making reference to Court Collector should be deemed to have waived objection with regard to limitation particularly when he invited Court to reject reference as timebarred.-[Limitation]. Subramania v. Collector of Co1mbatore A I R 1946 Mad. 184 ; Mahadeo Krishna v. Mamlatdar of Alibag A I R 1944 Bom. 200 and Ghulam Muhy-udDin v. Secretary of State A I R 1914 Lah. 394, rel. (b) Land Acquisition Act (I of 1894)- --- Ss. 12 (2) & 18 (2), proviso, cl. (b)-Acquisition of land-Award Notice-Words "shall first expire" in S. 18 (2) (b)-Service of notice after six months of making award, held, cannot give fresh starting point for limitation for applying for reference. Bashir Hussain v. Land Acquisition Collector P L D 1970 Lah. 321 ; Ala Muhammad v. Assistant Commissioner P L D 1961 B J 69 ; Harish Chandra v. Deputy Land Acquisition Officer A I R 1961 S C 1500 ; State of Punjab v. Qaisar Jehan Begum A I R 1963 S C 1604 and Government of West Pakistan v. Ahmed Ali Jan P L D 1981 S C 516 ref. Ghulam Muhammad v. Government of West Pakistan P L D 1967 S C 191 ; Ala Muhammad v. Assistant Commissioner P L D 1961 B J (>9 and Bashir Hussain v. Land Acquisition Collector P L D 1970 Lah. 321 rel. (c) Land Acquisition Act (I of 18941- -- Ss. 12 (2) & 18 (2), proviso, cl. (b)-Acquisition of land Reference-Application for reference not made within six months of award-Barred by time and reference ought to have been rejected on this ground. (d) Land Acquisition Act (I of 1894)- .--- S. 18---Acquisition of land-Compensation-Question of legality and adequacy-Proceedings before Court-Position of party seeking reference, held, is that of plaintiff and it is for that party to show that award made by Collector was…
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