BAZED KHAN vs LAND ACQUISITION COLLECTOR Ss — 2024 PLD 176 PESHAWAR-HIGH-COURT

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BAZED KHAN VS LAND ACQUISITION COLLECTOR Ss. 12(2) & 18, proviso---acquisition of land---Compensation---Reference to Court---Limitation---Petitioners/land owners were aggrieved of order passed by Land acquisition Collector declining to transmit their Reference under S. 18 of Land acquisition act, 1894, to Referee Court on the plea that it was filed beyond six months---Validity---If award was announced in presence of person interested (or his authorized representative), such person has to make application within six weeks from the date of Collector's award itself---If award is not made in presence of person interested (or his authorized representative) but served with notice of pronouncement of award under S. 12(2) of Land acquisition act, 1894, he has to make application seeking reference within six weeks of the receipt of such notice---If person interested (or his representative) is not present when award is made and if he does not receive notice under S. 12(2) of Land acquisition act, 1894, from the Collector, he has to make application within six months of the date on which he actually or constructively came to know about the contents of award---If the person interested is not present at the time of announcement of award but he receives a notice under S. 12(2) of Land acquisition act, 1894, after expiry of six weeks from the date of receipt of such notice, he can not claim benefit of the provision of six months for making the application on the ground that date of receipt of notice under S. 12 (2) of Land acquisition act, 1894, is the date of knowledge of contents of award, rather he has to file reference within six weeks after receipt of notice under S. 12(2) of Land acquisition act, 1894---Petitioners were not provided copies of the award and they finally applied for the same through filing an application dated 19-04-2018 under the provision of Right to Information act, 2013, and thereafter petitioners got acquainted with award in question---Petitioners presented Reference under S. 18 of Land acquisition act, 1894, on 04-06-2018 which was well within a period of six months from the date of knowledge of the contents of award---High Court directed Land acquisition Collector to transmit Reference of petitioners to Referee Court---Constitutional petition was allowed, in circumstances.

BAZED KHAN vs LAND ACQUISITION COLLECTOR Ss — 2024 PLD 176 PESHAWAR-HIGH-COURT

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