| Case ID |
2d0df3d2-6e51-4c47-9d4a-bf33a9c0589a |
| Body |
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| Case Number |
Civil Appeals Nos. 382 of 2015 and 164 of 2016 |
| Decision Date |
Feb 10, 2017 |
| Hearing Date |
Jan 19, 2017 |
| Decision |
The Supreme Court found that the Collector Land Acquisition was required to provide immediate notice to individuals who were not present during the issuance of the award. The absence of such notice meant that the limitation period for filing a reference petition began only once the affected parties became aware of the award. In this case, the Court noted that the Reference Judge had failed to frame an issue regarding the limitation, which is a mixed question of fact and law. The Supreme Court ordered a remand to the Reference Judge, allowing both parties to present evidence on the issue of knowledge and limitation, thereby setting aside the previous judgments of the lower courts. |
| Summary |
This case revolves around the interpretation of the Land Acquisition Act, 1894, specifically focusing on the requirements for notice issuance by the Collector after an award is made in the absence of landowners. The Supreme Court of Azad Jammu and Kashmir ruled on the importance of notifying all interested parties to ensure they are aware of their rights concerning the awarded compensation. The failure to provide notice affects the limitation period for filing petitions against the award. The ruling emphasized that knowledge of the award is crucial for determining the timeline for legal recourse, thereby protecting the rights of landowners. This case highlights significant aspects of property law and the procedural requirements of land acquisition, making it a critical reference point for future cases in similar contexts. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
CH. MUHAMMAD IBRAHIM ZIA, JUSTICE,
RAJA SAEED AKRAM KHAN, JUSTICE
|
| Lawyers |
Sardar Javed Naz, Additional Advocate General for Appellants (in Civil Appeal No. 382 of 2015),
Sardar Muhammad Rauf Khan for Respondents (in Civil Appeal No. 382 of 2015),
Sardar Muhammad Rauf Khan for Appellants (in Civil Appeal No. 164 of 2016),
Sardar Javed Naz, Additional Advocate General for Respondents (in Civil Appeal No. 164 of 2016)
|
| Petitioners |
AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR THROUGH CHIEF SECRETARY, MUZAFFARABAD AND ANOTHER
|
| Respondents |
WAHEED AHMED KHAN AND 10 OTHERS
|
| Citations |
2017 SLD 2473 = 2017 YLR 1895
|
| Other Citations |
Muhammad Jan and 4 others v. Azad Government and 7 others 1996 CLC 1967,
Government of Pakistan and another v. Syed Ghulam Haider Shah and 5 others 2007 SCR 175,
Azad Govt. of The State of Jammu and Kashmir and 2 others v. Muhammad Rafique Khan and 9 others 2009 CLC 1378,
WAPDA through Chief Engineer Mangla and another v. Sardar Asif Ayub Khan and another 2013 SCR 673,
Muhammad Meharban and 4 others v. Collector Land Acquisition and 3 others 2015 SCR 1034,
Raja Harish Chandra Raj Singh v. The Deputy Land Acquisition Officer and another AIR 1961 SC 1500,
Tariq Javaid v. Azad Govt. and 5 others 2015 SCR 653,
Sardar Tariq Mehmood Khan and 21 others v. Barkat Ali and 26 others 2016 SCR 902,
State of Punjab v. Mst. Qaiser Jehan Begum and another AIR 1963 SC 1604,
Col. Bashir Hussain and others v. Land Acquisition Collector and others PLD 1970 Lah. 321,
Mst. Sardar Begum v. Lahore Improvement Trust and others PLD 1972 Lah. 458
|
| Laws Involved |
Land Acquisition Act, 1894
|
| Sections |
18,
12,
9
|