MUHAMMAD JAN versus AZAD GOVERNMENT OF THE STATE OF J & K
The Land Acquisition Act, 1894, Sections 12 and 18 of the Azad Jammu and Kashmir Interim Constitution Act (VII of 1974), refused to give a reference to the court by the Section 42 Collector on the basis that the application for such reference was barred. Notification of service to persons was legally required under section 12, Land Acquisition Act, 1894. No adverse action can be taken against any person in the dark where the applicants are concerned about the award process or order. Was kept in the dark about being banned from the date of knowledge where the application was made under section. 18, the Land Acquisition Act, 1894 was transferred within a few days from the date of knowledge, there was no time limit in any way. The collector rejected the petition in reference to the court and proceeded unlawfully. Its order was found to be without legal authority and had no legal effect. The High Court order was set aside and the collector was instructed to refer the matter to the court's determination as per law.
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