Law: Land Acquisition Act, 1894

Section: 6,12(2),9,18

Law: Land Acquisition Act, 1894

Section: 6,12(2),9,18

Law: Civil Procedure Code (V of 1908)

Section: 9

Land Acquisition Act (I of 1894)-------Ss. 6, 18, 23 & 54---Acquisition- of land---Determination of compensation---Reference to Referee Court---Respondent being dissatisfied with award made by Land Acquisition Officer, applied under S.18 of Land Acquisition Act, 1894 to Land Acquisition Officer for making reference to the Court, which application was rejected on the ground that it was badly time-barred---Land Acquisition Officer sent order of rejection to District Judge, which was treated as reference under S.18 of Land Acquisition Act, 1894 and was registered as such---Reference was to be made by the Collector and not by anyone else and that too on the application of interested person who had not accepted the Award---After rejecting application of respondent, no reference was made by Deputy District Officer to the Court nor was there any occasion to do so as reference applications had been rejected---Record had shown that order rejecting reference application had not been sent by Deputy District Officer to the Court, but respondent himself had filed said order before District Judge who had admitted same as a reference under S.18 of Land Acquisition Act, 1894, and took further proceedings in it---Order rejecting reference application being filed by respondent in the Court, could not be a reference under S.18 of Land Acquisition Act, 1894---Court, in circumstances had nothing before it to undertake determination---Law did not provide for making of repeated references in respect of one and the same matter. and the said exercise was altogether illegal---District Judge, in circumstances had no jurisdiction in the matter as no reference was made to it as required under S.18 of Land Acquisition Act, 1894---Impugned , in circumstances was not maintainable in law. Ghulam Muhammad v. Government of East Pakistan PLD 1967 SC 191; Col. Bashir Hussain v. Land Acquisition Collector, Lahore PLD 1970 Lah. 321; Haji Muhammad Yunus v. Land Acquisition Officer 2000 YLR 1185; A.K. Subramania Chettiar v. Collector of Coimbators AIR 1946 Mad. 184; The Collector, Mardan v. Ms. Taj Bibi PLD 1972 Pesh. 197; Province of Sindh v. Ramzan PLD 2004 SC 512; Gulzaman v. Collector, Land…

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