Mst. BIBI RAHMANIA AND 14 OTHERS vs GOVERNMENT THROUGH DIRECTOR, — 1969 PLD 314

Citation: 1969 PLD 314

Court: Peshawar High Court

Year: 1970

Decision Date: 1970-12-31

Parties: Mst. BIBI RAHMANIA AND 14 OTHERS vs GOVERNMENT THROUGH DIRECTOR, JUDGMENT

Headnotes

Case cited as PLD 1969 Kar. 314

Judgment Text

Court Name: Peshawar High Court Judge(s): Shah Zaman Babar Title:Mst. BIBI RAHMANIA AND 14 OTHERS vs GOVERNMENT THROUGH DIRECTOR, JUDGMENT Reported As: PLD 1971 Peshawar 191 Result: Appeal dismissed Judgment JUDGMENT This is a first appeal by Mst. Bibi Rehmania and 14 others from the judgment dated 12-7-62 whereby Amirzada Khan, Additional District Judge, Peshawar held the reference application to his Court, under section 18 of the Land Acquisition Act (hereinafter to be referred to as the Act), as not valid or legal because it is time-barred and hence dismissed. The facts of the case are as under:-- An area of 110 acres and 2 kanals in village Palosi Talarzai, Tehkal Bala No, 1, and Sufaid Dheri, has been acquired by the Award of Acquisition Collector, Peshawar, dated 10-9-1956. Before the Award, Notifications under sections 4 and 6 of the Act were duly issued. Possession of the land was taken over on 14-3-1956 under section 17 of the Act after giving notices to the owners thereof under section 9 of the Act. Mst. Bibi Rehmania and others alleged that they had submitted an application under section 18 of the Act to the Acquisition Collector on 5-3-1957. This petition was, however, not forwarded to the Court of District Judge, Peshawar. It appears that the petitioners submitted an application dated 16-6-1961 to the Collector, referring to their alleged application dated 5-3-1957. The statement of P. W. 16 Sher Ahmad Khan, Acquisition Qanungo, Peshawar and copy of the report…

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