54/2010 I. A Province of Sindh & Ors (Appellant) V/S Land Acquisition Officer & Ors (Respondent)

54/2010 I. A Province of Sindh & Ors (Appellant) V/S Land Acquisition Officer & Ors (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 28-SEP-15

(a) Land Acquisition Act (I of 1894)--- ----S. 18---Civil Procedure Code (V of 1908), S.79---Land acquisition---Reference to court, rejection of---Appeal---Limitation---Void order---Reference to court was rejected on the ground that beneficiary of acquisition had no right to file a reference or appeal---Validity---Referee Court refused to entertain the reference filed by the beneficiary of the award under the misconception of law---Impugned order was without jurisdiction---Jurisdiction vested in the Referee Court had not been exercised properly---Reference was maintainable in circumstances---Bar of limitation was not applicable to the appeal as impugned order was void ab initio and nullity---Beneficiary of acquisition could file a reference or appeal if he was a party before the Referee Court---Reference was not hit by S.79, C.P.C.---Case was remanded to the Referee Court for deciding the same in accordance with law within a specified period---Appeal was allowed in circumstances. BP Pakistan Exploration and Production v. Sher Ali Khawaja PLD 2008 SC 400 and Water and Power Development Authority v. Ghulam Shabbir 2009 SCMR 1051 ref. Land Acquisition Collector v. Muhammad Nawaz PLD 2010 SC 745; Land Acquisition Collector v. Sarfaraz Khan PLD 2001 SC 514; and Sherbano v. Kamil Muhammad Khan PLD 2012 Sindh 293 rel. (b) Limitation--- ----No limitation would run against the void order.