Law: Land Acquisition Act, 1894

Section: 4,18

Land Acquisition Act (I of 1894)---- ----Ss.4 & 18---Acquisition of land---Reference for enhancement of compensation---Limitation---Once an objection petition was referred by Collector to Referee Judge for its determination, same could not be dismissed on the question of limitation. Government of West Pakistan (now Government of N.-W-F.P.) through Collector, Peshawar v. Arbab Haji Ahmad Ali Jan and others PLD 1981 SC 516; Government of West Pakistan (now Government of N.-W.F.P.) and 2 others v. Mst. Asmatun Nisa and 6 others PLD 1988 SC 109; Hassan Imdad v. Deputy Commissioner/Collector, Lasbella PLD 1985 Quetta 1; Province of Punjab through Collector, Bahawalpur and another v. Babu Khan 1997 MLD 2577 and Muhammad Rafiq Khan v. Province of Punjab and others 1992 CLC 1775 ref. JUDGMENT TALAAT QAYUM QURESHI, J.--This appeal is directed against the judgment and decree dated 3-9-2003 passed by the learned Additional District Judge-II Charsadda, whereby the reference for determination of compensation for the land of the appellants acquired by the respondents-Department was dismissed being barred by time. 2. Mr. Gul Sadber, the learned counsel representing the appellants argued that the landed property of the appellants was acquired by respondents through Award No.98 dated 17-1-2001. The appellants/land owners filed objection petitions under section 18 of the Land Acquisition Act which were referred by the Land Acquisition Collector to Referee Court, the learned Additional District Judge-III, Charsadda, for determination but the same were, dismissed being barred by time. Once objection petition is referred to the learned Referee Court for its determination, it was argued, the same could not be dismissed being barred by time. 3. On the other hand Mr. Imtiaz Ali Additional A.G. representing the respondents candidly admitted that once objection petition was referred by the Collector to the Referee Court, the same could not be dismissed being barred by time. 4. The admitted position in this case is that the land belonging to appellants was acquired by respondents for construction of Islamabad­ Peshawar Motorway, vide Award No.98/LAC/PMP/NHA dated 17-1-2001. The…

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