| Case ID |
0a7d376d-e90d-49ab-b92a-647eb084f082 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.40 of 1990 |
| Decision Date |
Mar 10, 1992 |
| Hearing Date |
|
| Decision |
The High Court accepted the writ petition, stating that the petitioners were competent to file a reference under Section 18 within six months from the date of the award by the Collector. The court found that the Collector failed to issue a notice as required under Section 12(2) of the Land Acquisition Act, which is a mandatory requirement. As a result, the rejection of the petitioners' reference as time-barred was deemed incorrect. The court remanded the case back to the Collector for proper proceedings under Section 11 of the Act, ensuring that the law was duly followed in the acquisition process. |
| Summary |
In the case of Writ Petition No. 40 of 1990, the High Court of Azad Jammu and Kashmir addressed critical issues regarding the Land Acquisition Act, 1894. The petitioners, led by Muhammad Ramzan, challenged the Collector's failure to issue a notice as required under Section 12(2) of the Act, which led to the dismissal of their reference as time-barred. The court emphasized the importance of adhering to statutory requirements in land acquisition processes. The ruling underscored the principle that any required act must be performed in the prescribed manner. The court's decision to accept the petition and remand the case highlights the necessity of compliance with legal obligations in public land acquisition, ensuring that citizens' rights are protected. This case serves as a significant precedent in understanding procedural compliance in land acquisition matters, particularly concerning the rights of landowners and the obligations of government authorities. Keywords such as 'land acquisition', 'legal compliance', 'court ruling', and 'public interest' are essential for SEO optimization and reflect trending discussions in legal circles. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
KHAWAJA MUHAMMAD SAEED, J
|
| Lawyers |
Additional Advocate General
|
| Petitioners |
MUHAMMAD RAMZAN,
|
| Respondents |
,
A.J.K. GOVERNMENT, THROUGH ITS CHIEF SECRETARY
|
| Citations |
1992 SLD 1962,
1992 PLJ 33
|
| Other Citations |
AIR 1943 Madras 327,
PLD 1973 H.N. 124
|
| Laws Involved |
Land Acquisition Act, 1894
|
| Sections |
12(2),
18
|