Law:

Section:

Land Acquisition Act (I of 1894)-------S. 18---Acquisition of land---Compensation, determination of---Valuation table--- Scope--Grievance of land owners was that Referee Judge relied upon valuation table prepared by Deputy Commissioner and did not fix proper compensation of their lands according to market value---Validity---Valuation table on the basis of which Referee Judge assessed value of property was meant for stamp duty and other taxes chargeable and was never meant for compensation purposes---Determination of Referee Court was not according to legal and equitable criteria which had been laid down under the law and wisdom of Supreme Court---For proper assessment of compensation the only available document, which led to equitable compensation was report of Local Commissioner vide which compensation had been proposed at the rate of Rs.250,000 per Marla, which seemed to be genuine, legal, proper, just and equitable according to prevailing trend of hike in prices of landed property---Acquired land had a future potentiality and was situated in mid-city as well as on road side---High Court set aside and decree passed by Referee Court and landowners were entitled to compensation of acquired land at the rate of Rs.200,000 per Marla besides 6% simple interest from the date of possession till payment---Appeal was allowed accordingly. Land Acquisition Collector and others v. Mst. Iqbal Begum and others PLD 2010 SC 719 and Sultan Shah and another v. Land Acquisition Collector, Swabi and others PLD 2011 Pesh. 60 ref. JUDGMENT WAQAR AHMAD SETH, J.--- Mst. Mehr Afzoon and other appellants have filed this regular first appeal against the judgment and decree dated 2-7-2009, whereby learned District Judge, Mansehra fixed Rs.12610 per marla as market value of the acquired land. 2. Brief and relevant facts leading to instant appeal are that respondent No.4 compulsorily acquired the landed property of the appellants for the construction of Green spot at the crossing of KKH Shinkiari Road Mansehra Taleh Park and assessed the compensation amount. The appellants feeling aggrieved filed objection petitions under section 18 of the Land Acquisition Act, 1894 for enhancement of…

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