Law:

Section:

(a) Land Acquisition Act (I of 1894)--- ----S. 18---Reference to court---Enhancement of compensation---Kind-wise compensation---Scope---No reason existed to fix kind-wise compensation amount when whole of the acquired land was valuable---Determination of kind-wise compensation was not a fair approach---Acquired land could be used for commercial purpose irrespective of its kind---Classification of land with use of chemical fertilizers by the farmers had become insignificant and meaningless---Documents produced by the landowners as evidence were un-rebutted---Landowners were entitled to get the same market value of the acquired land which was fixed by the District Collector even before the acquisition of land in question---Land, in the present case, was situated in the Municipal limits---Trial Court had made an error while fixing amount of compensation---Impugned and decree passed by the Referee Judge was modified and value of acquired land was fixed as Rs. 8,40,000/- per kanal irrespective of its kind along with 15% compulsory acquisition charges---Appeal was allowed in circumstances. 1996 SCR 136; 2013 YLR 969; PLD 2010 SC (AJ&K) 37; 1996 SCR 132; PLD 2004 SC 512; 1999 SCMR 1647; PLD 2002 SC 25; 1993 SCMR 1700; PLD 2004 AJ&K 22; 1997 SCMR 1670; PLD 1988 SC AJ&K 6; Marwat Khan and 4 others' case 2013 SCR 1224 and Akhtar Hussain and 2 others v. Azad Govt. 2014 MLD 179 rel. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S.42-B---Judgment of Supreme Court---Binding effect---Any decision of Supreme Court to the extent that it had decided the question of law was binding upon all the other Courts of Azad Jammu and Kashmir. 2015 SCR 712 rel. THIS JUDGMENT DELIVERED BY: MOHAMMAD SHERAZ KIANI, JUSTICE:---.--- The captioned partial appeal has been directed against the judgment and decree passed by the learned Reference Judge Mangla Dam Raising Project Mirpur, dated 19.12.2009 whereby the Court below while accepting the reference enhanced very little amount of compensation of the acquired land of the appellants. 2. Brief facts forming the background of the instant appeal are that respondents acquired land of the…

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