Law:

Section:

Land Acquisition Act (I of 1894)--- ----Ss. 18 & 23---Reference to court---Enhancement of compensation---Referee Judge enhanced compensation amount from Rs. 700 per Marla to Rs. 2000 per Marla along with compulsory acquisition charges with simple interest---Validity---Quantum of enhancement claimed by the plaintiffs was not supported by any evidence available on file---Possession of suit land was taken on 4-12-2002 whereas average relied upon by Collector for compensation was from 7-03-1993 to 6-03-1994 which was not in accordance with law---Fair compensation had to be determined for which price shown in the average would not be safe criteria---Potentialities of property were to be seen keeping in view the location and mere reliance of average could not be made---Assessment made on the basis of average was not safe reliance for determination of value of property for the purpose of compensation---Acquired land was situated near metal road and sale price in the vicinity was higher than as assessed by the Collector---Amount paid to the owners of land acquired was not the market value rather compensation which was always higher than the price (market value)---Average sale price of back dates could not be relied upon---Amount assessed in the award, therefore, was not in accordance with the compensation to be awarded to the land owners---Referee Court had rightly assessed and fixed the rate of acquired land by enhancing the compensation from the date of possession---Compulsory acquisition charges were to be awarded at the rate of 25% if acquisition of land had been made for company---WAPDA for which land was acquired, was company and land owners were entitled to compulsory acquisition charges to the tune of 25% instead of 15%---No infirmity was pointed out in the impugned ---Appeals were dismissed with modification to the extent of compulsory acquisition charges. PLD 1997 Pesh. 19; Land Acquisition Collector, Abbotabad and others v. Gohar-ur-Rehman Abbasi 2009 SCMR 771; Province of Punjab through Collector Bahawalpur and others v. Sh. Hassan Ali and others PLD 2009 SC 16; Mst. Sumaria Gul v. Land Acquisition Collector GSC, WAPDA, Peshawar and others 2011 SCMR…

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