Law:

Section:

Civil Petitions for Special Leave to Appeal Nos. 13-P and 15-P of 1972, decided on 15th December 1972. (On appeal from the s the Peshawar High Court, dated 9th December 1971, passed in R. F. As. Nos. 9 and 8 of 1968 respectively). Appeal to Supreme Court--Petition for Special Leave to Appeal to Supreme Court-Question, whether oral statement of a witness should or should not have been believed by Courts below-Question of fact-No interference called for by Supreme Court-Leave refused. ORDER ANWARUL HAQ, J -This order will dispose of Civil Petitions Nos. 13-P and 15-P of 197?, both of which have arisen out of acquisition proceedings taken in respect of the lands owned by the two petitioners, Wali Mohammad and Rahmanuddin, for the purpose of establishing a rice factory outside Dera Ismail Khan town. Necessary notification under section 4 of the Land Acquisition Act was issued by the Commissioner, Dera Ismail Khan Division on 18-11-1964. The petitioners did not file any objection under section 5-A of the Act, and accordingly notifications under sections 6 and 7 were issued on the 19th of June 1965. Then followed proceedings under section 9 of the Act for fixing the value of the land. The Collector inspected the site and found that the land owned by the petitioner Rahmanuddin (in C. P. 15-P/72) was Banjar Qadeem and situated in a depression. It was fit neither for agricultural purposes nor for building of houses. However, the land owned by the petitioner, Wali Mohammad (in C. P. 13-P./7l) was Nehri agricultural land. The Collector assessed the average price of the land at Rs. 268 and 10 annas per kan7l for Banjar Qadeem and at Rs. 400 per kanal for Nehri laud, besides the 15% compulsory acquisition charges under the law. Dissatisfied by the Collector's award the petitioners made applications under section 16 of the Act for the reference of the matter to the Court. In these proceedings the learned District Judge, Dera Ismail Khan, assessed the price of Banjar Qadeem land at Rs. 300 per kanal and of Nehri land at Rs. 500 per kanal. These rates of compensation have been upheld in appeal by a Division Bench of the High Court at Peshawar by its order dated the 9th of…

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