Law:

Section:

Land Acquisition Act (I of 1894)--- ----Ss. 18 & 23---Acquisition of land---Reference to court---Enhancement of compensation---Factors to be considered for determination of compensation---Referee Judge assessed the market value of suit property at the rate of Rs.3,00,000/- per marla but it was not clear as to how the said amount had been determined---Average available on record had not been taken into consideration nor statements of Property Dealers and elders brought on file had been taken into consideration-Court was bound to appoint local commission for determination of market value/compensation of land under reference---Land Acquisition Collector had also referred to acquisition in the same vicinity at the rate of Rs.3,00,000/- and Rs.4,00,000/- per marla which had lost the sight of the Trial Court---No cogent evidence had been discussed in the impugned ---Claim of objectors had not been properly addressed by the Referee Judge---Court had to consider evidence brought on record by the parties---One year average, location of acquired land, its potentiality and likelihood of development and improvement, and report of local commission were to be taken into consideration for determination of compensation---Average could not be relied upon in such like cases without appointment of local commission as vendees showed smaller amount to avoid imposition of tax and stamp duty---Appointment of local commission had become inevitable in cases of enhancement of compensation---Case was remanded to the Referee Judge with the direction to consider and evaluate evidence in the light of documents and statements of disinterested persons---Referee Judge should also record fresh evidence if needed and appoint local commission to determine the status of the property, location and future potentiality within the specified period---Impugned and decree were set aside and appeal was allowed in circumstances. JUDGMENT ABDUL LATIF KHAN J:- This appeal has been preferred against the judgment and decree dated 29.2.2012 of the Additional District Judge-VII/Referee Judge, Peshawar whereby the Objection Petition filed by the appellants was partially accepted. Arguments heard record…

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