The Collector, Mardan And 2 Other vs Mst. Taj Bibi And 14 Other — 1972 PLD 197

Citation: 1972 PLD 197

Court: Peshawar High Court

Year: 1971

Decision Date: 1971-12-31

Parties: The Collector, Mardan And 2 Other vs Mst. Taj Bibi And 14 Other

Headnotes

Case cited as PLD 1972 Peshawar 197

Judgment Text

Court Name: Peshawar High Court Judge(s): Ghulam Safdar Shah, Abdul Hakim Khan, Shah Zaman Babar Title: The Collector, Mardan And 2 Other vs Mst. Taj Bibi And 14 Other Case No.: Regular First Appeal No. 21 of 1964 Date of Judgment:- Reported As: PLD 1972 Peshawar 197 Result: Reference answered JUDGMENT JUDGMENT GHULAM SAFDAR SHAH, C. J.---While hearing R. F. A. No. 21 of 1964 and 11 of 1968 (the former by a Division Bench and the latter by a learned Single Judge) the learned Judges felt some difficulty in regard to the true scope of section 18 of the Land Acquisition Act, 1894 (hereinafter called the Act) in view of conflict of opinion between the various High Courts of Indo---Pak sub-continent and consequently have referred to this Bench for decision the following three questions by two separate referring orders;- R. F. A. No. 21 of 1964: "(1) When once a reference is made by the Collector, whether the District Judge has the jurisdiction to go into the question of limitation for finding out as to whether the objection application had been file before the Collector within time or not? (2) Which is the date from which the period of limitation of six months mentioned in section 18, subsection (2), clause (b) starts and as to whether the six months period of limitation could be extended under any circumstances?" R. F. A. No. 11 of 1968: "(3) Whether a reference can be thrown out by the Court on the ground, that the application was not made to the Collector within six months,…

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