| Citation(s) |
|---|
| 2014 SLG 1108 2014 SLD 1108 2014 MLD 179 |
Supreme Court (AJ&K)
Civil Appeal No.1 of 2008, decision dated: 8-05-2012. (On appeal from the judgment and decree of the High Court, dated 19-10-2007 in Civil Appeals Nos.55 and 145 of 2004)
MUHAMMAD AZAM KHAN, C.J. AND RAJA SAEED AKRAM KHAN, J
Raja Hassan Akhtar for Appellants. Ch. Muhammad Reaz Alam for
Respondents.
Civil Appeal No.1 of 2008, decision dated: 8-05-2012. (On appeal from the judgment and decree of the High Court, dated 19-10-2007 in Civil Appeals Nos.55 and 145 of 2004)
MUHAMMAD AZAM KHAN, C.J. AND RAJA SAEED AKRAM KHAN, J
Raja Hassan Akhtar for Appellants. Ch. Muhammad Reaz Alam for
Respondents.
AKHTAR HUSSAIN and 2 others
VS
AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Chief Secretary and 2 others
Law:
Section:
(a) Land Acquisition Act (I of 1894)---S. 23 --- Words "market value" as used in S. 23(1) of Land Acquisition Act, 1894 --- Connotation --- Such words would mean value of land on which its owner would be ready to sell same to a willing buyer voluntarily. (b) Land Acquisition Act (I of 1894)--- ----S. 23---Land acquired for housing scheme or agricultural purpose---Compensation, determination of---Criteria stated. What can be the market value of the land varies from place to place. The value is to be determined according to the place where it is situated and for the purpose for which, in future, it can be utilized. Another important factor is worth consideration that for what purpose the land is being acquired. If a land is being acquired for enhancing agricultural potential of the land, then the future potential of the land is to be considered while keeping in view the market value of the agricultural land, but if the land is being used for a housing scheme, the formula for fixing the price of agricultural land cannot be applied. The potential value of the land, which is being acquired for housing schemes, is enhanced many times, the criterion for determining market value will be different one. [p. 183] B Province of Punjab v. Molvi Muhammad Faizan, Advocate and 10 others PLD 1980 Lah. 632 ref. Malik Naseem Ahmed Aheer and 4 others v. WAPDA and 3 others PLD 2004 SC 397; Faiz Akbar Khan and others v. Azad Govt. and others 1996 SCR 132; Azad Government and 2 others v. Mst. Razia Farooqi and others 1996 SCR 136 and Murad Khan through his widow and 13 others v. Land Acquisition Collector, Peshawar and another 1999 SCMR 1647 rel. (c) Land Acquisition Act (I of 1894)--- ----S. 23(1) --- Market value of acquired land, determination of ---Method stated. The market value shall be assessed after analyzing all the material and evidence available on the point and determining the price which a willing purchaser will pay to a willing seller of the acquired land. The court shall take into consideration the market value and the loss by reason of severing such land from the other land. The best method of determination of the market price of the land under the acquisition process…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492