Law: Land Acquisition Act, 1894

Section: 18,12(2)

Law: Land Acquisition Act, 1894

Section: 18,12(2)

Land Acquisition Act (I of 1894)-------Ss. 11 & 18---Acquisition of land---Application for Reference---Collector (Deputy Commissioner) sent the application to Assistant Commissioner for comments and after receiving report from Assistant Commissioner dismissed application being time-barred---Validity---Under Land Acquisition Act, 1894, Collector was neither empowered to delegate his powers to any of subordinates nor the Assistant Commissioner stood anywhere in the Act---Collector committed illegality by sending the application to the Assistant Commissioner for comments/report---Case was remanded for decision afresh. Ehsan Ali for Petitioner. A.-G. for Respondent No.1. Muhammad Riaz for Respondents Nos.2 to 4. Date of hearing: 24th August, 2005. JUDGMENT MUZAFFAR ALI, J.---This writ petition has been preferred against the order dated 5-3-2005, passed by the Collector Land Acquisition/Deputy Commissioner Gilgit, whereby the reference under section 18 of Land Acquisition Act, filed by the petitioner has been dismissed, stating time-barred. The facts leading to the writ petition are that, a piece of land owned by the petitioner was acquired by the respondents, the award was passed by the respondent No.1 on 20-9-2000 and amount of compensation was received by the petitioner on 18-7-2002 and after receiving the amount the petitioner filed an application under section 18 of Land Acquisition Act, before the respondent on 18-8-2002, whereby the petitioner prayed for reference to the Referee Court/District Judge. The respondent No.1 sent the application to the Assistant Commissioner, Gilgit for comments/report and after receiving report from Assistant Commissioner, respondent No.1 dismissed the application as non-maintainable and time-barred, hence, this…

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