Law: Land Acquisition Act, 1894

Section: 4,12,25(1),9,15,23,24,11,18,8,4(1),21,9( 2)

Law: Land Acquisition Act, 1894

Section: 4,12,25(1),9,15,23,24,11,18,8,4(1),21,9( 2)

Law: Civil Procedure Code (V of 1908)

Section: O.XVII,R.3

Land Acquisition Act (I of 1894)-------Ss. 4, 9, 15, 18, 25 & 54---Acquisition of land---Rule as to determination of amount of compensation---Amount of compensation of acquired land was determined by the Collector as Rs.5000 per Kanal---Said amount was enhanced by Referee Court from Rs.5000 to Rs.25,000 per Kanal with severance charges and compulsory acquisition charges etc.---Feeling aggrieved from the impugned and decree both parties had filed appeals---Landowner had contended that local commission appointed by the court assessed the market value of the acquired property as Rs.80,000 per Kanal, but Referee Court had given no reasons to discard the assessment of the local commission and prayed for enhancement of the rate of compensation as Rs. 80,000 as assessed by the local commission---Validity---Pursuant to notification under S.4 of Land Acquisition Act, 1894, appellant along with other landowners claimed Rs.25,000 per Kanal as compensation of his land---Appellant, in circumstances, had waived his right to claim at rate of Rs.80,000 which was more than the amount which he himself claimed before the Collector---Where the party had claimed certain amount before the Collector in pursuance of S.9 of the Land Acquisition Act, 1894, he could not claim the larger amount than he had claimed before the Collector---Determination of compensation by the court was subject to the provisions of S.25 of Land Acquisition Act, 1894---Appellant was not legally entitled for seeking the amount of compensation of acquired property more than that which he had claimed before the Collector which was Rs.25,000. per Kanal. Hyderabad Development Authority and another v. Karam Khan Shoro 1985 SCMR 45; Muhammad Sharif v. Afsar Textile Mills Ltd. and another 1985 SCMR 1181 and Secretary of State v. C.R. Subramnia Ayyar AIR 1950 Mad. 576 ref. Ghulam Hur Khan Baloch for Appellant. Abdur Rashid Ishrat for Respondents. Date of hearing: 29th April, 2011. JUDGMENT SYED SAJJAD HASSAN SHAH, J.--- Through this single judgment, I propose to dispose of R.F.A. No.5 of 2010 and R.F.A. No.9 of 2010 as both the appeals are the outcome of one and the same judgment and decree dated 6-11-2009 passed…

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