Law:

Section:

Land Acquisition Act (I of 1894)--------Ss. 4 & 18---Acquisition of land---Compensation---Factors for determination of compensation---Disputed property was acquired by the Government and Notification under S.4 of Land Acquisition Act, 1894, was issued---Authorities fixed the compensation which was not accepted by the landowners and reference under S.18 of Land Acquisition Act, 1894, was made to the Court---Suit land was situated on the main road, a Bank and residential colony was, situated just opposite the suit land---Such facts established that the suit land at the time of its acquisition was a building site and the size and location of plots of the landowners showed that the same were commercial in nature and could fetch far greater price than the residential plots which did not abut the main road---Trial Court, after recording of evidence enhanced the compensation---Contention of the Authorities was that the Trial Court failed to consider the "Aust Yak Sala" while. determining the compensation---Validity---Authorities fell in error in not appreciating the commercial nature of the suit land and the reliance by the Authorities upon "Aust Yak Sala" of the sales in the entire area was not proper as the same would not reflect the commercial nature of the suit land--­Where the Notification under S.4 of Land Acquisition Act, 1894, was issued on 28-6-1978, and the award was announced by the Authorities on 29-12-1981, i.e. three and half years after the issuance of the Notification, by then the price of the land must have gone further higher than the one ascertained by the Trial Court---High Court declined to interfere with the passed by the Trial Court. Province of Punjab through Collector, Attock v. Engineer Jamil Ahmad Malik and others 2000 SCMR 870 ref. JUDGMENT M. JAVED BUTTUR, J.--- The R.F.As. Nos.28 to 31 of 1985 are being decided through this judgment .as common questions of law and facts are involved in all these four (4) appeals directed against the order, dated 12-5-1985 of Senior Civil Judge, Rawalpindi whereby the amount of compensation payable to respondents was enhanced and fixed at Rs.25,000 per Marla. 2. The relevant facts are that four (4)…

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