اراضی کا حصول — دلچسپی رکھنے والے افراد کو کلیکٹر اراضی کے حصول کا نوٹس Land acquisition—Notice by the Collector Land Acquisition to interested persons

2019 M L D 1329
[Supreme Court (AJ&K)]
Present: Ch. Muhammad Ibrahim Zia, C J and Ghulam Mustafa Mughal, J
WAPDA through Director Legal WAPDA and another—Appellants
Versus
FAHMIDA BEGUM and 7 others—Respondents

Ss. 9, 10, 18 & 25(2)—Land acquisition—Notice by the Collector Land Acquisition to interested persons—Landowner having not claimed enhancement in the compensation before Collector Land Acquisition—Reference to court—Maintainability—Landowner appeared before Collector Land Acquisition but did not claim any enhancement in the compensation or object to the compensation determined by the Collector—Landowners only submitted to the Collector Land Acquisition that other co-sharers have been included in the Khasra and payment of compensation be deferred—Collector Land Acquisition deferred the disbursement of the compensation, in circumstances—Landowners who had not claimed enhancement in the compensation determined by the Collector Land Acquisition after receipt of notice was not entitled to file reference under S.18 of Land Acquisition Act, 1894—Enhancement in the compensation assessed by the Collector Land Acquisition could not be made by the Referee Judge as well as High Court, in circumstances—Impugned judgments passed by the Courts below were set aside and reference filed by the landowner was dismissed—Appeal was allowed, accordingly

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