Law:

Section:

Land Acquisition Act (I of 1894)--- ----Ss. 3(b), 29, 30 & 31---Apportionment of compensation---Principles---Mode of payment of compensation amount---Possession by one of co-sharers---Effect---'Interested person', defined---Government issued notification under S.4 for acquisition of land for public purpose---Land was jointly held by various landowners whose names appeared in revenue record---Collector made award on basis of `Qabza Hissadari Milkiat' possession according to appropriate share in ownership column of each owner in Register 'Haqdaran Zamin'---Reference made against the award also approved apportionment made by Collector and dismissed reference---Findings of Reference were assailed before High Court in appeal on ground that apportionment must be made on basis of their ownership and due shares---Validity---Compensation amount had to be awarded in accordance with title of each landholder in joint land acquired, irrespective of the fact that they were in actual possession of more or less area on the date of acquisition---One co-owner in possession of joint land holds same on behalf of all co-sharers and his possession for how so long a period could not make him an exclusive owner of land held by him unless he had set-up hostile title by some overt act to knowledge of co-owner and later did not take any action within limitation prescribed---Co-owner's possession over joint land would be considered permissive till partition---Land in question had been compulsorily acquired by Government leaving no chance for other co-owners to seek remedy of partition except to become interested person in compensation within meaning of S.3(b) of Land Acquisition Act (1894)---Appeal was allowed accordingly. Syed Shabbir Hussain Shah and others v. Asghar Hussain Shah and others 2007 SCMR 1884 rel. JUDGMENT MUHAMMAD DAUD KHAN, J.--- Through this appeal under section 54 of the Land Acquisition Act, 1894, appellants have challenged the judgment and decree dated 25-6-2009, passed by the Land Acquisition Judge/Additional District Judge-II, Charsadda, whereby Reference Petition of appellants was dismissed. 2. An area of land measuring 356 kanals situated in Mauza Dehri Shah,…

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