Law:

Section:

Land Acquisition Act (I of 1894)--- ---Ss. 18 & 23---Reference to court---Enhancement of compensation---Referee Judge enhanced the compensation price to the extent of Rs.2,00,000 per Kanal along with compulsory acquisition charges @ 15%---Validity---WAPDA though impleaded but was not summoned who had right to defend---Impugned and decree was set aside and case was remanded back for decision afresh. 2002 YLR 549 and WAPDA and others v. Muhammad Riasat Khan and others decided on 16-2-2010 rel. JUDGMENT SARDAR ABDUL HAMEED KHAN, J.---The above titled appeals are directed against the judgment and decree of Reference Judge Mangla Dam Raising Project Mirpur dated 7-4-2008, whereby the appellants Baaz and others filed a reference for enhancing the compensation of the acquired land and the Reference Judge enhanced the compensation. The brief facts forming the background of the instant appeals are that Baaz and others have filed a reference in the Court of Collector Land Acquisition Mangla Dam Affairs, Mirpur Azad Kashmir on 9-12-2006, who sent the same to Reference Judge Mangla Dam Raising Project Mirpur on 15-10-2006. According to the averments made in the reference, the petitioners along with pro forma-respondents are owners-in-possession of the land measuring 28 Kanals, 2 Marlas comprising Khasra Nos. 207, 208, 216, 217, 213 and 214, situated in Village Dheri Nasrullah Tehsil and District Mirpur. It is stated that respondent No. 2 acquired the above said land vide Award No. 42 of 2006 on 20-11-2006 for upraising of the Mangla Dam Project. It is averred that petitioners and pro forma-respondents have spent a huge amount over the suit-land for cultivation and now the said land has become an agricultural land, while the official respondents shown the land of the petitioners and pro forma-respondents in the award as "Banjer Qadeem" and the respondents are going to fix the compensation at a very low rate. The petitioners stated that they moved an application to Commissioner Mangla Dam Affairs stating therein that their land has been shown as "Banjer Qadeem" against the facts. On this application, the Commissioner ordered investigation. After the investigation on…

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