Law:

Section:

(a) Land Acquisition Act (I of 1894)--- ----S. 23---Compulsory acquisition of land for public purpose---Compensation---Present and future potential of the land---Suit land was acquired for the establishment of Army School of Water Sports---Collector fixed the compensation amount on the basis of one year average rate (of the land in the area) --- Referee Court enhanced the compensation to Rs. 100,000 per kanal with 15% compulsory acquisition charges---Propriety---Suit land was situated on the road side and close to a dam, prime tourists' resort, restaurants and commercial buildings, which were growing at a fast pace---Collector without constituting a Committee to re-assess the land again, and without any just cause and reason had relied on the one year average rate (of the land in the area)---Findings of Referee Court were correct in view of the present and future potential of the suit land---Appeal was dismissed accordingly. (b) Land Acquisition Act (I of 1894)--- ----S. 23---Compulsory acquisition of land for a public purpose---Compensation---Practice adopted by Collector (Land Acquisition) in fixing the compensation amount on the basis of one year average rate (of the land in the area)---Propriety---Such practice was not the correct approach---In cases of compulsory acquisition of land for public purposes, the owners of the land were deprived of its utility, therefore, the Collector should not remain stuck to the one year average without taking into consideration the present and future potential of the land acquired. JUDGMENT DOST MUHAMMAD KHAN, J.---This Civil Appeal has been filed against the judgment dated 27.5.2013 passed by learned single Judge of the Peshawar High Court, Abbottabad Bench. We have heard Mr. Abdul Rashid Awan, Deputy Attorney General as well as Mr. Khalid Rehman Qureshi, learned ASC for the respondents and have perused the record carefully. 2. Brief facts of the case are that Government of Pakistan through Ministry of Defence (Military Estate Officer, Abbottabad and others) requested the District Collector, Haripur for acquisition of the suit land for the establishment of Army School of Water Sports in village, Khanpur District, Haripur.…

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