Law:

Section:

Land Acquisition Act (I of 1894)--- ----Ss.23, 30, 4 & 54---Acquisition of land---Determination of compensation---Criteria---Appellant impugned order of Referee Court on the ground that the Court while dealing with the issue of compensation, did not take into consideration the provisions of S.23 of the Land Acquisition Act, 1894 after acquisition of the appellant's land---Held, that per S.23 of the Land Acquisition Act, 1894 the Court while awarding compensation had to take into regard market value of the land on date of publication of notification under S.4 of the Land Acquisition Act, 1894; the damage sustained by the person by the reason of any standing crop or trees; damage if any, sustained by way of severance of land; the damage, if any, sustained by a person at time of taking of possession of land by the Collector by reason that acquisition affected his other property or his earning---Person, if in consequence of the acquisition of his land, was compelled to change his residence or place of business, the reasonable expense incidental to such change and damage resulting from diminution of profits was also to be taken into consideration---In addition to the market value of the land, the Referee Court under S.23 of the Land Acquisition Act, 1894 also had to award 25% of such market value compensation in case such acquisition had been made for the public purpose---Referee Court, in the present case, had not taken into consideration the criteria provided under S.23 of the Land Acquisition Act, 1894 and the impugned order was therefore not passed in accordance with law---High Court set aside impugned order and remanded the matter to the Referee Court for decision afresh on the question of compensation---Appeal was allowed, accordingly. Murad Khan v. Land Acquisition Collector, Peshawar 1999 SCMR 1646 rel. ORDER AAMER FAROOQ, J.---This appeal is directed against order dated 21-6-2011 passed by Civil Court, Islamabad whereby reference under section 30 of the Land Acquisition Act, 1894 (hereinafter called the Act) was decided. 2. The facts, in brief, are that at the request of the appellant the Land Acquisition Collector, Islamabad Capital Territory (ICT),…

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