' SH. HAKIM ALI, J.---Through this Regular First Appeal, the dismissal decision dated 3-12-1990, of a reference filed by the Province of Punjab, under section 18 of the Land Acquisition Act 1894, by the learned Senior Civil Judge/Referee Court of Rahimyar Khan, has been challenged.
2. For the construction of a fly over at Rahimyar Khan, the land measuring 127 Kanals, 2 Marlas, belonging to the respondents, situated in Mauza Kot Dera, Tehsil and District Rahimyar Khan was compulsorily acquired by the Land Acquisition Collector in the year 1977 for Highway Department.
The award, which was delivered on 17-8-1980, by the Land Acquisition Collector was not accepted by the Province of the Punjab, so a reference was filed with A.C./Collector Sub-Division, Rahimyar Khan, on 14-2-1981 but it was not entertained by the aforesaid Collector, because the above mentioned Collector was of the view that Highway Department/Land Acquisition Collector could file such a reference directly in the Court of learned Referee Judge, so it was returned on the same day i.e., 14-2-1981. After that, District Collector, Rahimyar Khan was approached and reference under section 18 of the Land Acquisition Act 1894 was transmitted to the learned District and Sessions Judge, Rahimyar Khan, which was received by the learned District Judge, Rahimyar Khan on 13-2-1982, which thereafter was entrusted to learned Senior Civil Judge/Referee Judge, Rahimyar Khan on 14-2-1982. The owners of the lands, who were respondents, objected to the filing and entertainment of the reference on the point of limitation. On the basis of their reply/pleadings, an Issue No.2 was also framed to make conscious the parties to address to the question of limitation. Learned Senior Civil Judge after recording evidence and hearing the parties, dismissed the reference holding it to be barred by limitation as well as lacking on merits, through the impugned decision dated 3-12-1990. Hence, this regular first appeal.
3. At the very outset, it has been admitted by the learned A.A.-G. That the reference under section 18 was to be filed by the Provincial Government before the learned Referee Court/learned Senior Civil Judge within the prescribed period. It has been candidly conceded by the learned A.A.-G. With all its fairness that the reference filed by the Provincial Government was barred by time.
4. To elaborate, examine and discuss this fact, we have also laid our hands to verify this legal proposition. Through Land Acquisition (West Pakistan Amendment) Ordinance No.XIV of 1968, after subsection (2) another subsection (3) was inserted in section 18 of the Land Acquisition Act of 1894, which is as follows:-- "(3) Notwithstanding anything to the contrary contained in section 21, the Provincial Government, may if it has not accepted the award, refer the matter to the Court within a period of six months from the date of announcement of the award; provided that the Court shall not entertain the reference unless in its opinion there is a prima facie case for inquiry into and determination of the objection against the award."
5. Subsection (3) above mentioned is unambiguous in its words and language and has provided that Provincial Government, if is dissatisfied with the award, it can refer the matter to the Court within a period of six months from the date of announcement of the award. The award in the instant case having been announced on 17-8-1980 but the reference was filed with learned District Judge, Rahimyar Khan on 13-2-1982, and entrusted to learned Senior Civil Judge/learned Referee Judge on 14-2-1982 was, therefore, clearly barred by time, as prescribed by subsection (3) of section 18 of the Land Acquisition Act, as referred to above because it was filed after the prescribed period of six months, as laid down by the aforesaid section. The learned Referee Court has correctly relied upon PLD 1979 Lahore 54 (Government of West Pakistan through Collector, Gujranwala v.
Land Acquisition Collector, District Gujranwala and others).
6. Accordingly, the judgment/decision of the learned Senior Civil Judge, having proceeded and decided the case on the point of limitation as well as on merits, in accordance with law; this regular first appeal cannot be accepted which is dismissed with no order as to costs.