61/2010 I. A Province of Sindh & another (Applicant) V/S Jan Muhammad & Ors (Respondent)

Sindh High Court2014

Bench: Hon'ble Mr. Justice Nazar Akbar

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61/2010 I. A Province of Sindh & another (Applicant) V/S Jan Muhammad & Ors (Respondent) Sindh High Court Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 17-SEP-14 Land Acquisition Act (I of 1894)--- ----S. 18---Civil Procedure Code (V of 1908), O. XXVI, R. 9---Land acquisition---Reference to court---Appeal---Local commission, appointment of---Jurisdiction of High Court---Scope---High Court had no jurisdiction to entertain an application for appointment of commission for verification of land under Land Acquisition Act, 1894---Reference Court while exercising power under Section 18 of Land Acquisition Act, 1894 had been equated with an Executing Court and said court was not authorized to go behind the reference---Court hearing an appeal against the order of an Executing Court (Reference Court) could not go behind the decree (Reference) and enter into a dispute which should have been raised and decided before the final determination of compensation by the Collector---Application for appointment of local commission was dismissed in circumstances.
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