Law: Land Acquisition Act, 1894

Section: 18

Land Acquisition Act (I of 1894)--- ----S. 18---Reference to court---Enhancement of compensation---Referee Judge enhanced compensation amount from Rs. 823 per Marla to Rs. 5000 per Marla along with 15% compulsory acquisition charges---Validity---Referee Court appointed local commission to inspect the spot in presence of parties---Local commission submitted his report determining the rate of compensation per Marla as Rs. 5000--Referee Court relied upon the report of local commission which was not objected to by the defendant-Government---Rate of compensation calculated by the local commission was adequate and just---Impugned of Referee Court was well founded and well reasoned---Appeal was dismissed in circumstances. THIS JUDGMENT PASSED BY: SHAH JEHAN KHAN AKHUND-ZADA, JUSTICE:---.- -- The instant regular first appeal has been directed against the judgment and decree dated 22/11/2007 passed by the learned Additional District Judge-III/ Referee Court, Mardan whereby he enhanced the rate of acquired land measuring 9-Kanals, 16-Marlas from Rs.823 to Rs.5000 per Marla along with 15% compulsory acquisition charges. 2. For the construction of "Rustam-Bunair Road at Mauza Landay, Mardan", the Land Acquisition Collector, Mardan issued Notifications under sections 4, 6 and 17 of the Land Acquisition Act on 20-12-1994 and 30-9-2002 respectively whereby land measuring 76 Kanals and 6 Marla situated at Mauza Landay District Mardan was acquired and subsequently announced Award No.07/14 on 21-6-2003 wherein the following rates of compensation were fixed:-- (i) Chahi land .. Rs.833 per Marla. (ii) Barrani land .. Rs.679 Per Marla. (iii) Maira land .. Rs.449 per Marla. (iv) Ghairmumkin Rasta/Kanda . Rs.300 per Marla. 3. The affectee land-owners/ respondents Nos.1 and 2 herein being not satisfied from the above rates of compensation fixed in the Award preferred objection petition under sections 18 and 30 of the Land Acquisition Act, 1894 wherein they claimed an adequate enhancement of compensation of their acquired land. The objection petition was contested by the appellants and due to divergent pleadings of the parties, the following issues were framed by the learned Referee…

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