Law:

Section:

(a) Land Acquisition Act ( I of 1894)--- ----S. 18(1)---Acquisition of land---Compensation---Enhancement in compensation by Referee Court---Acquiring authority proceeded ex parte by Referee Court---Incumbent for landowner to prove his assertion despite ex parte proceedings against acquiring authority---Referee Court enhanced compensation for acquired land after proceedings ex parte against acquiring authority---Legality---Acquiring authority was proceeded against ex parte and had not led evidence in rebuttal to the testimony of landowners and their witness---Landowners could not be awarded an enhanced sum on such basis, as it was incumbent upon the landowners to prove their assertions---Illustration. (b) Land Acquisition Act ( I of 1894)--- ----S. 18(1)---Qanun-e-Shahadat (10 of 1984), Art. 59---Acquisition of land---Compensation---Enhancement of compensation by Referee Court by relying on opinion of a non-expert witness---Legality---Independent witness appearing on behalf of landowners merely expressed an opinion as to the value of land acquired---Said witness was neither an expert nor he had established any basis for the opinion expressed by him---Order whereby Referee Court enhanced compensation was thus not based on admissible evidence---Case was remanded to Referee Court for decision afresh---Appeal was allowed accordingly. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art. 59---Expert opinion---Evidentiary value---Under Art. 59 of Qanun-e-Shahadat, 1984, opinion of a witness was only relevant and carried some probative value if he was an expert in the fields specified in the said Article---For the purpose of giving an opinion, the witness first had to establish the expertise vested in him whether on account of academic qualification or experience or otherwise---Without such foundation, an opinion could not by itself be taken as having evidentiary value for proving a fact in issue. ORDER JAWWAD S. KHAWAJA, J.--This appeal arises out of a land acquisition matter in which a notification under Section 4 of the Land Acquisition Act, 1894 was issued on 13-8-1995. 2. We have gone through the record with the assistance of learned counsel for both the parties. 3. The…

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