| Case ID |
3d618c15-1ed4-46b4-a7ad-34724c547fe2 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 18 of 1996 |
| Decision Date |
Jun 26, 1996 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled that the Collector's refusal to refer the matter to court was illegal as it was based on the claim that the application for reference was time-barred. The court emphasized that legal notice must be served to affected persons, and the limitation period should start from the date of knowledge of the award. The court set aside the High Court's decision and directed the Collector to refer the matter for determination in accordance with the law, reinforcing the principle that no adverse action should be taken against individuals who are not informed of proceedings. |
| Summary |
This case revolves around the interpretation of the Land Acquisition Act and the legal requirements for notifying affected parties. The Supreme Court of AJ&K emphasized the importance of serving notice to individuals affected by land acquisition awards. It was determined that the limitation period for filing an application for court reference should commence from the date the affected parties became aware of the award, rather than the date of the award itself. This case is significant as it underscores the legal protections afforded to individuals in land acquisition matters, ensuring they are not prejudiced by procedural oversights. Keywords: Land Acquisition Act, legal notice, Supreme Court ruling, affected parties, limitation period, legal rights, property law. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
SARDAR SAID MUHAMMAD KHAN, C.J.,
BASHARAT AHMAD SHAIKH, J
|
| Lawyers |
Raja Hassan Akhtar,
Ch. Muhammad Yusuf
|
| Petitioners |
MUHAMMAD JAN and 4 others
|
| Respondents |
AZAD GOVERNMENT OF THE STATE OF J & K through Chief Secretary, Muzaffarabad and 7 others
|
| Citations |
1996 SLD 1561 = 1996 CLC 1967
|
| Other Citations |
Raja Harish Chandra Raj Singh v. The Deputy Land Acquisition Officer and another AIR 1961 SC 1500,
Mst. Sardar Begum v. Lahore Improvement Trust, Lahore PLD 1972 Lab. 458,
Allahdino v. Fakir Muhammad PLD 1969 SC 582
|
| Laws Involved |
Land Acquisition Act (I of 1894),
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
|
| Sections |
12,
18,
42
|