Case Details

Citation(s)
2014 SLG 651 2014 SLD 651 2014 MLD 1457
High Court (AJ&K)
Civil Appeals Nos. 152 and 163 of 2010, decided on 11-03-2014.
MUNIR AHMED CHAUDHARY, JUSTICE
Masood-A Sheikh for Appellants. Ch. Munsaf Dad for the WAPDA. Ch. Muhammad Jamil for the Collector.

WAPDA THROUGH CHIEF ENGINEER, MANGLA DAM RAISING PROJECT MIRPUR AND ANOTHER

VS

INHABITANT OF BOHA THROUGH FAZAL ELLAHI AND 2 OTHERS

Law:

Section:

Land Acquisition Act (I of 1894)--- ----Ss. 18 & 4---Acquisition of land---Reference to court---Enhancement of compensation---Referee Judge enhanced compensation price to the extent of Rs. 5,55,000 Hael, Rs. 5,00,000 Mera Awal, Rs.1,50,000 Deegar Ghair Mumkin and Rs. 6,60,000 for Ghair Mumkin Aabadi, per kanal along with 15% compulsory acquisition charges---Validity---Collector Land Acquisition had relied upon sale-deeds executed during one year period before issuance of notification---Location of acquired land had to be considered while ascertaining its market price---No record was available to the effect that acquired land was situated on road side or near populated area---No material was on record that lands sold through said sale-deeds were of similar kind having similar location to the land under reference---Sale price mentioned in said sale-deeds was not received in cash in toto by the vendors before Sub-Registrar at the time of registration---Comparison of price of said lands could not be made with the land under reference---Reference Court had enhanced compensation to some extent only to console the owners of land for their deprivation from their land without their consent---Owners of land did not prove the market value of acquired land as they had claimed through their reference---Authorities could not prove that Reference Court had not enhanced compensation in accordance with the evidence and provisions of law---Findings recorded by the Reference Court ware based on sound and cogent reasons---Appeals were dismissed in circumstances. THIS ORDER PASSED BY: MUNIR AHMED CHAUDHARY, J.--- The supra titled both the appeals have been filed against the judgment and decree of Reference Judge Mangla Dam Raising Project Mirpur dated 7-1-2010, through which the compensation of the acquired land was enhanced. 2. Brief facts giving rise to the above mentioned appeals are that the land measuring 2136 Kanals and 15 Marlas was acquired, which was situated at village Boha Tehsil Mirpur, The Collector Land Acquisition assessed and determined the compensation of the acquired land classifying it into eleven kinds as under:-- S.No. Kind of the Land Compensation per…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492