Law:

Section:

(a) Land Acquisition Act (I of 1894)--- ----Ss. 18 & 23----Civil Procedure Code (V of 1908), S. 96---Reference to court---Rate of compensation---Determining factors---Landowner filed reference petition under S.18 of Land Acquisition Act, 1894 for enhancement of compensation for the suit property acquired by respondents, which was referred to civil court---Trial Court, after recording evidence, accepted the reference and enhanced rate of compensation----Contention raised by landowner was that the compensation awarded and later enhanced was not according to fair market rate---Respondent took plea that acquired land was barren having no future potentiality---Validity---Acquired land, in the present case, had acquired status of village site---Not only the market value of land but also other factors, which by any means affected interest of petitioner, would be considered for determination of compensation which was to be awarded to petitioner in lieu of his property---Land, in question as per Local commission report, being useful for construction of houses and adjacent to main road, had great potentiality---Referee court failed to consider facts of the case in terms of S. 23 of Land Acquisition Act, 1894---High Court accepting appeal enhanced amount of compensation with acquisition charges and simple interest. (b) Land Acquisition Act (I of 1894)--- ----S. 23---Rate of Compensation---Determining factors---Not only market value of land but also other factors, which by any means affected interest of petitioner, would be considered for determination of compensation which was to be awarded to landowner in lieu of his property. Province of Punjab through Land Acquisition Collector v. Begum Aziza 2014 SCMR 75 and Askari Cement Limited (Formerly Associated Cement Limited) through Chief Executive v. Land Acquisition Collector (Industries) Punjab and others 2013 SCMR 1644 rel. THIS JUDGMENT DELIVERED BY: IKRAMULLAH KHAN, JUSTICE:----------- Through this single judgment, I intend to dispose of instant RFA No.73-D/2012 and connected RFA No.93-D/2012 as both the appeals are the outcome of one and the same judgment and decree dated 03.4.2012 rendered by learned Additional…

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