Case Details

Citation(s)
2014 SLG 671 2014 SLD 671 2014 MLD 1528
Peshawar High Court
Regular First Appeals Nos. 5-D and 13 of 2012, decision & hearing Dated: 03-06-2013.
LAL, JAN KHATTAK, JUSTICE
Amir Muhammad Baloch for Appellants. Muhammad Abdullah Baloch for
Respondents.

WATER AND POWER DEVELOPMENT AUTHORITY PAKISTAN THROUGH CHAIRMAN WAPDA AND 4 OTHERS

VS

HAJI MUHAMMAD RIYAZULHASSAN AND 9 OTHERS

Law:

Section:

(a) Land Acquisition Act (I of 1894)--- ----Ss. 23, 4, 11 & 18---Acquisition of land---Compensation, determination of---Criteria---Objection petition for enhancement of compensation amount---Delay in acquisition process---Effect on compensation amount---Determination of fair compensation and market price of acquired land-Scope---Department acquired the land of land owner---Landowner did not accept the compensation amount so fixed and filed objection petition for its enhancement---Referee Court accepted the objection petition of land owner and enhanced the compensation amount---Contention of the department was that acquired land was agricultural in nature having no potentiality of any commercialism, therefore the enhancement in awarded rates was not justified---Validity---Award was announced after about seven years of publication of notification of acquisition---Collector, while fixing compensation for the acquired land had referred to "Osat yaksala" which was based on sale through mutation executed in village prior to issuance of notification of acquisition---Entire process of acquisition had to be completed within days without unnecessary delay---Rates of compensation had been fixed on the basis of one year average---Award announced by Collector was against the mandate and command of S.11 of the Land Acquisition Act, 1894, which provided that the acquisition process should not be delayed unnecessarily---Impugned of referee court was maintained---Appeal was dismissed. (b) Land Acquisition Act (I of 1894)--- ----Ss. 23, 11 & 18---Acquisition of land---Compensation, determination of---Criteria---Objection petition for enhancement of compensation---Determination offair compensation and market price of acquired land-Suggested rate of compensation by local commission---Scope---Department acquired the land of landowner---Landowner being not satisfied with compensation amount so fixed, filed objection petition for its enhancement---Referee Court appointed local commission to determine the market value of land in dispute---Local commission suggested enhancement of compensation value---Referee court accepted the objection petition of landowner but enhancement in…
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