Law: Land Acquisition Act, 1894

Section: 4,11,18,23,54

Land Acquisition Act (I of 1894)--- ---Ss. 4, 11, 18, 23 & 54---Acquisition of land---Determination of compensation---Reference to Court---Appeal---Land was acquired and award was announced by the Collector wherein compensation for built-up property was assessed---Landowners being dissatisfied with such assessment/fixation of compensation filed reference to Reference Court under S.18 of Land Acquisition Act, 1894---Authority participated in the proceedings for some time and issues were also framed in their presence---Landowners produced their evidence, whereafter dozens of opportunities were given to the Authority for producing evidence, but they failed and eventually they were proceeded against ex parte as on relevant date neither any of functionaries appeared nor produced evidence before the court---Court decided reference by recording finding in favour of landowners---Authority had filed first appeal against of the Reference Court under S.54 of Land Acquisition Act, 1894---Authority having failed to produce evidence despite several opportunities were given to it for such purpose, its conduct did not deserve any further indulgence particularly when on last date of hearing no one attended the court on its behalf---Landowners appeared before the court and produced evidence, they were cross-examined by the Authority, but their evidence as to the nature and value of their property remained unshaken---No evidence to the contrary having been produced by the Authority to contradict the stance of landowners the court was left with no option but to accept and believe statements of landowners 1'hade on oath as to the value of the acquired property---No justification had been made out for interfering with such findings recorded by the Reference Court, except the oral assertion---Order passed by the Reference Court could not be interfered with by the High Court in appeal. THIS JUDGMENT DELIVERED BY: SAYED ZAHID HUSSAIN, J.--- For the purpose of construction of motor way from Lahore to Islamabad some land including buildings and structures situated in Mauza Salam, Tehsil Bhalwal, District Sargodha, was acquired. Award No.34, dated 29-9-1997, was announced by the…

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