Law:

Section:

Land Acquisition Act (I of 1894)--- ----S. 18--- Reference to court---Enhancement of compensation---High Court enhanced compensation amount from Rs.6,25,000/- per Kanal to Rs. 23,98,000/- per Kanal along with 15% compulsory acquisition charges---Validity---Every case had to be decided according to its own record---High Court had not made proper appreciation of evidence produced in record---Average price according to sale deeds referred and relied upon by the land owner would come to Rs.22,01,582/- per kanal---Value of suit land according to valuation table was fixed as Rs.22,00,000/- per kanal---Market value of the land had been proved as Rs.22,00,000/- per kanal---Compensation amount enhansed by the High Court as Rs.23,98,000/- was modified and reduced to Rs.22,00,000/- per kanal. Sabir Hussain v. Collector Land Acquisition and others 2015 SCR 608; Malik Muhammad Yousaf and others v. Azad Govt. and others 2015 SCR 712 and WAPDA v. Sardar Asif and another 2013 SCR 673 ref. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD IBRAHIM ZIA, JUSTICE:---.--- This direct appeal has been filed from the judgment of the High Court dated 24.04.2015, through which the appeal filed by respondent No. 1, herein, has been accepted. 2. The summary of the facts is that through Award No. 38/2006 dated 14.11.2006, the land of respondent No. 1 and proforma respondent No. 6 bearing Khewat No. 47, Khata No. 182, measuring 14 marla situated in Mozia Ballah, Tehsil and District Mirpur was acquired by the Collector Land Acquisition for construction of Mirpur bypass Road. Feeling aggrieved from the compensation assessed by the Collector Land Acquisition, respondent No. 1 filed a reference before Reference Judge Mirpur on 12.02.2007 alleging therein that he has not been provided an opportunity of hearing during the proceedings of award. The notice under sections 9 and 10 of Land Acquisition Act, 1894 was issued on 10.01.2007 after the issuance of award. It was alleged that the amount of compensation of the acquired land was wrongly assessed by the Collector Land Acquisition whereas the market value of the same is not less than Rs. 1,50,00,000/-. The learned Reference Judge through judgment and…

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