Law: Land Acquisition Act, 1894

Section: 54,26(2),11,27,18,12,23,4(1)

Law: Land Acquisition Act, 1894

Section: 54,26(2),11,27,18,12,23,4(1)

Law: Civil Procedure Code (V of 1908)

Section: O.XLI,r.1,S.110,2(2),2(9)

(a) Land Acquisition Act (I of 1894)-------Ss. 4, 11, 18, 26 & 54---Acquisition of land---Filing appeal without the decree-sheet with memo. of appeal---Competency of appeal---Appeal filed against of Referee Court before High Court under S.54 of Land Acquisition Act, 1894 was dismissed on the ground that the decree-sheet of the Referee Court had not been filed with memorandum of appeal---Under S.26 of the Land Acquisition Act, 1894 award was to be treated as decree; accordingly it was not necessary to file the copy of a decree-sheet along with the memorandum of appeal in the High Court---Judgment of the High Court on that ground was not maintainable. Muhammad Sharif and 7 others v. Azad Government and another 1998 CLC 2052; Military Estate Officer, Hazara Circle, Government of Pakistan Abbottabad and others v. Muhammad Bashir and 6 others PLD 2000 SC(AJ&K) 34 and Government of Sindh v. Meho Khan and 14 others 1998 CLC 1068 ref. (b) Land Acquisition Act (I of 1894)--- ----Ss. 4, 11, 12, 18 & 54---Acquisition of land---Reference to Referee Court---Limitation---Land Acquisition Collector announced the award in respect of acquired land, but no notice under S.12 of the Land Acquisition Act, 1894 was issued to the landowners whose land was acquired---Landowners acquired knowledge of award after about 2 months of announcement of award by the Collector and landowners filed Reference application just five days after acquiring knowledge of announcement of award---Section 12 of Land Acquisition Act, 1894. had provided that if a person was not present at the time of announcing the award, a notice must be issued to him---If no such notice was issued to affected person, then limitation would not start running from the date of award, but would start running against him from the date of his knowledge---Reference which was filed only after five days of knowledge, held, was filed within time. Muhammad Jan and 4.others v. Azad Government and 7 others 1996 CLC 1967'and Allandino v. Fakir Muhammad PLD 1969 SC 5821 ref. (c) Land Acquisition Act (I of 1894)--- ---Ss. 4, 11, 18, 23 & 54---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)---Acquisition of…

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