Law:

Section:

Land Acquisition Act (I of 1894)--- ----Ss. 18 & 4---Reference to court---Enhancement of compensation---Referee Judge enhanced compensation price to the extent of Rs.2,90,000 Mera Doam and Rs. 1,40,000 for Banjar Qadem, per kanal---Validity---Land was to be acquired at the market rate and Collector had not only to consider the present potential value of the same but also to consider its future possible use---Compensation and not the market value of land to be acquired had to be considered by the Collector Land Acquisition---Potential value of the land to be acquired for public purposes would relate to the capability of such land for its future use for some financial purpose---Purpose for which the land was proposed to be acquired had to be overlooked while determining value of the same---Land proposed to be acquired had no capability of use in the near future for a financial purpose---Collector Land Acquisition was required to ascertain market value of the land to be acquired at the time of notification under S. 4 of Land Acquisition Act, 1894---No error with regard to ascertaining market value of the land to be acquired had been committed by the Collector Land Acquisition---Referee Judge had enhanced the amount of compensation without furnishing any plausible explanation---No one should be penalized for an error committed by the public functionaries---Sale deed and mutation entries would serve as an aid to the prevailing market value---Price of land under the Banjar category had wrongly been assessed---Plaintiffs were entitled to enhanced amount of Rs. 15,08,000 and compulsory acquisition charges of Rs. 2,26,000---Appeal of plaintiffs was accepted whereas that of defendants-WAPDA was dismissed in circumstances. AIR 1988 SC 1652; PLJ 2013 Lah. 172 and Rehmat Jan and 9 others v. Collector Land Acquisition and others 2009 CLC 741; ref. PLD 1986 SC 158; PLD 2004 SC 512; PLD 2009 SC 16 and 1999 SCMR 1647 rel. THIS ORDER PASSED BY: AZHAR SALEEM BABAR, JUSTICE:---.--- The above titled appeals come out of the same judgment and decree passed by learned Reference Judge Mangla Raising Project, Mirpur dated 13-6-2009. 2. Facts of the case are that land measuring 957…

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