Law: Land Acquisition Act, 1894

Section: 23

(a) Land Acquisition Act (I of 1894)--S. 23---Acquisition of land---Quantum of compensation, determination of---As per award announced by Land Acquisition Collector compensation rate of acquired land was determined as Rs.77,720 per kanal---Land owner filed a reference before civil court, which enhanced compensation rate to Rs. 200,000 per kanal with 15% compulsory acquisition charges--- High Court further enhanced compensation rate of acquired land to Rs.35,000 per marla i.e. Rs.700,000 per kanal with 15% compulsory charges---Validity---Acquired land was located about 25 karams away from a main road and opposite to a Government office---Official of Military Estate office who appeared as a witness admitted in his cross-examination that there were shops on one side of the said office and on the other side of the road there were commercial as well as residential properties including a petrol pump---Official of the office of Deputy Commissioner admitted that as per valuation table issued by the office of Deputy Commissioner, the commercial land in the area was assessed at Rs.2,25,000 per marla whereas residential land was assessed at Rs.35,000 per marla---Said valuation table could be taken note of particularly in absence of any evidence to the contrary regarding value of the property and other factors reflected in the evidence with regard to the potential value of property---Notification for acquiring land in question was issued on 27-4-1981, while the award was announced on 28-3-1985, thus it took four years for the authorities to complete the acquisition proceedings, and prices might have escalated during such period---Such escalation had to be kept in mind while assessing potential value of the land---Judgment of High Court was in consonance with the spirit of S. 23 of Land Acquisition Act, 1894---Appeal was dismissed accordingly. Province of Sindh v. Ramzan PLD 2004 SC 512; Abdul Majeed and others v. Muhammad Subhan and others 1999 SCMR 1245 and Pakistan Burma Shell Limited v. Province of N.-W.F.P. and others 1993 SCMR 1700 ref. (b) Land Acquisition Act (I of 1894)--- ----S. 23---Stamp Act (II of 1899), S. 27-A---Acquisition of land---Quantum of…

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