Law: Land Acquisition Act, 1894

Section: 18,4,17,23(1),55,4(i)

Law: Land Acquisition Act, 1894

Section: 18,4,17,23(1),55,4(i)

Law: Constitution of Pakistan, 1973

Section: 24

(a) Land Acquisition Act (I of 1894)-------Ss. 4, 12, 17, 18, 23 & 54---Constitution of Pakistan, Art.24---Acquisition of land---Protection of property rights---Scope---Determination of amount of compensation---Enhancement of amount by Referee Court---Market value of acquired land determined by Acquisition Collector, Rs.1250 per Marla, having been enhanced by the Referee Court to Rs.5000 per Marla, Acquiring Authority had assailed the same---Validity---Landowner sought enhancement of market value of acquired land on the ground that suit land was situated at the main road and was in the middle of Abadi surrounded by Commercial Market---Collector, Land Acquisition, while determining the compensation of acquired property, had failed to take into consideration the location of suit property and its surroundings---Possession of suit property was taken in 1993, while award was announced in the year 2002, about nine years of taking the possession---Compensation was worked out by the Collector without any material before him and just relied upon one year average of the suit property---Fair and proper determination of market value hardly could be made on the basis of one year average of similar situated property in proximity of the acquired property---Lawful owner having been compelled to part with his property, must be paid proper and adequate compensation---Provisions of Art.24 of the Constitution, dealt with the compulsory acquisition of property by State for public purpose---State was under obligation to pay the fair and just compensation of the property so acquired---Enhancement of amount of compensation from Rs.1250 per Marla to Rs.5000 per marla, by the Land Acquisition Judge/Referee Judge was supported by the available evidence---Findings rendered by Referee Court, not suffering from any illegality, irregularity or misreading or non-reading of evidence, were maintained by High Court. Murad Khan V. Land Acquisition Collector 1999 SCMR 1647; Premier Sugar Mills Limited v. Hayatullah Khan PLD 1956 (W.P.) Pesh. 67; The Land Acquisition Collector, Rawalpindi v. Lieut. General Wajid Ali Khan Burki PLD 1960 (W.P.) Lah. 469; Province of West Pakistan and another v.…

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