Law: Land Acquisition Act, 1894

Section: 12(2)

 Land Acquisition Act, 1894 (I of 1894)-- —-S.12(2) read with Section 18-Land-Acquisition of~Non-issuance of notice under Section 12(2) of Act-Whether reference under Section 18 was time- barred-Question of-Additional Advocate General rightly conceded that Collector had not issued any notice as postulated under Section 12(2) of Act-¬ It is an accepted principle of law that when some act is required to be done in a particular manner, then it should be done in that manner or not at all-Held: Petitioners were competent to file reference under Section 18 within six months from date of award of Collector and they have rightly filed reference within time but it was rejected on superficial gfounds of being time-barred— Petition accepted and case remanded. . [Pp.35,3637]A,BC AIR 1943 Madras 327 and PLD 1973 H.N. 124 rel. ORDER The Commissioner, Azad Government of the State of Jammu and Kashmir issued a Notification under Section 4 of the Land Acquisition Act (hereinafter to be called Act), on 23rd of January, 1988 whereby declaring that the land measuring 5 kanals under survey numbers 17, 18 and 19 situate in village Mangraj Tehsil and District Mirpur was likely to be acquired at the public expenses for public purposes, namely, for the construction of Middle School along with the play ground at Mangraj. Thereafter, due to the urgency* another Notification was issued under sub-Section (4) of Section 17 of the Act, whereby it was declared that due to the urgency of the project, the provisions of sub-Section (1) of Section 17 of the Act are applicable to the aforesaid land, therefore, in exercise of powers under sub-Section (4) of Section 17 of the Act, the Azad Jammu and Kashmir Government (respondent No.l), directed that the provision of Section 5 5(2) of the said Act, were not applicable to the said land. Keeping in view the above mentioned Notification, the Collector Land Acquisition Mirpur (hereinafter to be called Collector), started proceedings for acquiring the land mentioned above. An award was made by the Collector on November 7, 1989. The present petitioners filed objections before the Collector and requested him to send the same under Section 18 of the…

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